View Single Post
Old 09-22-2010, 06:11 PM   #7
MsTinkerbelly
Timed Out - TOS Drama

How Do You Identify?:
...
Preferred Pronoun?:
...
 
MsTinkerbelly's Avatar
 

Join Date: Nov 2009
Location: ...
Posts: 6,573
Thanks: 30,737
Thanked 22,908 Times in 5,019 Posts
Rep Power: 0
MsTinkerbelly Has the BEST ReputationMsTinkerbelly Has the BEST ReputationMsTinkerbelly Has the BEST ReputationMsTinkerbelly Has the BEST ReputationMsTinkerbelly Has the BEST ReputationMsTinkerbelly Has the BEST ReputationMsTinkerbelly Has the BEST ReputationMsTinkerbelly Has the BEST ReputationMsTinkerbelly Has the BEST ReputationMsTinkerbelly Has the BEST ReputationMsTinkerbelly Has the BEST Reputation
Member Photo Albums
Default Prop 8 Trial Tracker

Not a marriage rights victory, but still one for equality!

Another court victory: Florida gay adoption ban ruled unconstitutional
By Eden James

As our friends at the ACLU and Equality Florida (as well as Alan E. in the comments) alerted us this morning, we have some more excellent news coming out of the courts on LGBT rights — this time from a state court in Florida:

MIAMI — Florida’s strict ban on adoption by gay people is unconstitutional because no other group, even people with criminal backgrounds, are singled out for a flat prohibition by state law, an appeals court ruled Wednesday.

The ruling by the 3rd District Court of Appeal upholds a 2008 decision by a Miami-Dade County judge who found “no rational basis” for the ban when she approved the adoption of two young brothers by Martin Gill and his male partner. The prohibition was first enacted in 1977 and is the only law of its kind in the nation, according to court records.

In a 28-page opinion, a three-judge panel of the court noted that gay people are permitted to become foster parents or legal guardians in Florida, yet are the only group not allowed to adopt.

“It is difficult to see any rational basis in utilizing homosexual persons as foster parents or guardians on a temporary or permanent basis, while imposing a blanket prohibition on those same persons,” wrote Judge Gerald Cope for the panel. “All other persons are eligible to be considered case-by-case to be adoptive parents.”

The decision is likely to be appealed to the Florida Supreme Court, which could then determine the ultimate fate of the law. “We note that our ruling is unlikely to be the last word,” the appeals panel said
MsTinkerbelly is offline   Reply With Quote
The Following 4 Users Say Thank You to MsTinkerbelly For This Useful Post: