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.