Florida Gay Adoption Ban Dead; AG Bill McCollum Won’t Appeal Case

Florida's ban on gay adoption is officially dead. Attorney General Bill McCollum released a statement today saying he wouldn't appeal a September decision by the 3rd District Court of Appeals upholding an earlier ruling which declared Florida's ban on gay adoption unconstitutional.

MccollumThe ACLU writes:

"Florida's 33-year-old policy barring gay people from adopting ended today as the state Attorney General Bill McCollum opted not to appeal last month's ruling striking down the ban. The governor and the Florida Department of Children and Families (DCF) had already announced that they would not appeal the decision. Today was the final day that the attorney general could have independently acted to appeal the ruling. The appellate court ruling arose in an American Civil Liberties Union legal challenge to the ban on behalf of Martin Gill, who wanted to adopt two foster children he and his partner have been raising for almost six years."

Said McCollum:

"The constitutionality of the Florida law banning adoption by homosexuals is a divisive matter of great public interest. As such, the final determination should rest with the Florida Supreme Court, not a lower appellate court. But after reviewing the merits of independently seeking Supreme Court review, following the decision of our client the Department of Children and Families not to appeal the decision of the Third District Court of Appeal, it is clear that this is not the right case to take to the Supreme Court for its determination. No doubt someday a more suitable case will give the Supreme Court the opportunity to uphold the constitutionality of this law."

Said Nadine Smith, Executive Director of Equality Florida:

“Since Sept 22nd, Florida’s ban on gay people adopting has been over. We are pleased to learn that Attorney General Bill McCollum has decided not to squander more taxpayer dollars and muddy the waters on a matter the courts have decided unanimously. We continue to celebrate the end of a ban that has literally torn families apart and denied children permanent loving homes for over 33 years. The courts have been clear that this ban is irrational and puts anti-gay prejudice ahead of the needs of children.”


  1. mike/ says

    thank the fates Anita Bryant lives in Tennessee now; i’m sure she would make all the oranges in Florida freeze over seeing one of her pet projects go the way of all evil…

  2. MikeInSanJose says

    Ya know, I keep hearing these fools talking about the dangers to children presented by homosexuals, when the real danger comes from their most-trusted institution – the church (How old was Mary when god raped her?).

    Sorta makes me wonder whether their concern is really for the children, or just keeping “The Evils of Homosexuality” in the public eye as a social/political issue.

    The day the right really focusses on the child abuse that is rampant, fostered, promoted, and institutionalized in their houses of worship (of all faiths) is the day I start to believe they mean anything they say on this matter.

  3. says

    Awesome. In other news, Blacks, Jews & Asians get to adopt needy children as well. It’s INSANE that it only took 33 years to defeat this bigoted and ridiculous law. What are we, Iran ?????

  4. SteveC says

    Take that Anita Bryant (ok so it took the lifespan of Sweet Baby Jesus to achieve … but still). Hurrah!

  5. BobN says

    “No doubt someday a more suitable case will give the Supreme Court the opportunity to uphold the constitutionality of this law.”

    Yeah, right. What a dick.

  6. Bart says

    As the gay father of two adopted children, I cannot wait for ALL the kids of Florida to have loving parent/parents – gay and straight. Simply a parent or parents who will love them and provide them with the best life has to offer. Congrats to all the children in the system and the prospective parents who will open their homes and their lives to these kids. Let me assure you, it’s the greatest joy and adventure of your life.

    And to Bill McCollum…I hope when you’re older and more feeble minded than you already are, that you have a gay grandchild. And that grandchild, instead of taking you into his home to care for you when you need it most, opts to stick you in a rundown nursing home in a backwater town of central Florida and leaves you there, saying, “Now you get to experience what you did to defenseless children who desperately wanted someone to love them but instead you kept them from parents like me who would love them and provide a wonderful home, raising them to be great human beings with a heart and soul. Two things you never had.”

  7. galore says

    What? The government doesn’t HAVE to appeal?!?!?!? Too bad McCollum isn’t in charge of appealing DADT.

  8. James says

    I’m not sure it’s such good news…

    Basically what he’s saying is “This case is to good, we have no chance of winning, so we’re going to wait and find a more difficult case so we can win in the supreme court…”

  9. PeteS says

    The contrast between McCullom not appealing this ruling and Obama appealing DADT is really just F_U_C_K_I_N_G pathetic.

  10. PeteS says

    The contrast between McCullom not appealing this ruling and Obama appealing DADT is really just F_U_C_K_I_N_G pathetic.

  11. Jim says

    This is truly a GREAT day for Florida, for America, and for the Gay Community! I am a Florida resident and, for the first time, the thought of “I can adopt a child” has entered my vocabulary! It is a shame that the hateful poison of one leader (Anita Bryant) and many hateful followers took 33 years to be overturned. Still, it goes to prove that America may not be perfect, but there IS hope for democracy and fairness in the world!

  12. says

    @James: McCullom is just saying that to cover his ass. There won’t be a case coming along that will be able to show a rational basis for this kind of discrimination. And after he loses the governor’s race, he’ll hopefully slink into a sewer where he belongs.