Ban on Homosexual Adoption Struck Down

The news broke today on media sites that a Miami Circuit Court Judge has ruled Florida’s law banning homosexual from adopting children is unconstitutional.

This issue wasn’t really one of principal, because this was a real case of custody for two foster children who have been cared for by two homosexual men for four years. The judge simply believes these children would be well served to be permanently placed with the “family” they’ve known.

Conservatives would all this action “judicial activism,” where a judge is countermands the will of the legislature. Section 63.042(3), Florida Statutes reads: No person eligible to adopt under this statute may adopt if that person is a homosexual. A law passed in the late 1970’s thanks to the Anita Bryant “Save our Children” anti-homosexual crusades.

However, Florida pays homosexuals to be foster parents. In this case, two men have apparently (I haven’t met them) done a good job raising two foster children. Read what the Orlando Sentinel reported from the Judge:

Circuit Judge Cindy S. Lederman “these children are thriving. These words we don’t often hear within these walls. That’s uncontroverted,” said Circuit Judge Cindy S. Lederman.

“They’re a good family. They’re a family in every way except in the eyes of the law. These children have a right to permanancy,” the judge said. “The only real permanancy is adoption in the home where they are thriving.

“There is no rational basis to preclude homosexuals from adopting,” Lederman continued.

Here is my take: If the Legislature really believes that homosexuals raising children is bad, then go all the way. Deny homosexuals the rights to be foster children, and deny them the right to get custody in divorce proceedings. Otherwise, remove the ban and simply let the family court system work in the best interests of the foster children.

Heck, removing the ban would actually SAVE money. Foster parents get more financial assistance from the state than adoptive parents do — so if more foster parents, even homosexuals, want to adopt AND the court system agrees it would be best for the kids, then let them adopt.

In a state where voters just banned homosexuals from being officially married, it will be interesting to see how the courts play this out.

About Jim Johnson

Editor and publisher of The State of Sunshine.
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4 Responses to Ban on Homosexual Adoption Struck Down

  1. cyn says:

    The judge who allowed Homosexuals should be dis-barred.Her decision indicates her tendency towards being a lesbian and , or, a childless woman (I hope! ) Also her name would indicate certain racial origins, which are more lenient /liberal toward sexual deviation.I am glad to have had the security of having a heterosexual Mother and Father raise me and give me a strong foundation in which I was not confused with my sexuality or the wrongness/vs rightness of deveance from the norm or pressured into being Homosexual .The psychological ramifications of these ”
    Families” will be devastating to society and the poor , abused children mad to suffer at the hands of any Judge who would allow such an atrocity to flourish and looked upon as “normal”.Certainly “thriving ” in a sewer , is still thriving. All a part of relativity.

  2. Mariella says:

    If you can’t make a case against giving gays human rights like marriage and adoption (without appealing to prejudice, hate & fear, or resorting to Nazi* rhetoric like Cyn) then you need to support gays’ demands for these rights.

    Because we’re talking about human rights (and because we’re Americans) it’s not good enough to say “If the Legislature really believes that homosexuals raising children is bad,” then you’re OK with them denying these rights to gays, but they should go all the way and deny gays the right to foster parenthood while they’re at it.

    You make an excellent point that denying adoption to gays while allowing them to be foster parents is inconsistent and thereby untenable. But I think you should go all the way and support equal rights for homosexual people (whether it saves money or not) unless and until you can cite grounds for opposing them which YOU believe to be valid.

    * (I know that introducing the word “Nazi” into a discussion is usually grounds for disqualification (see Dobbs Corrollary to Godwin’s Law and Reductio ad Hitlerum), but how else could one address Cyn’s [shudder] comment?)

  3. kate says:

    I agree with Mariella and Cyn isn’t adding much to the discussion and his/her bigotry is way yucky.

    Go all the way – one way or the other, Jim. Tell us how you really think/feel.

  4. Someone is channeling his inner Rockefeller Republican.

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