Florida's strict law banning adoption of children by gay people was found unconstitutional Tuesday by a state judge who declared there was no legal or scientific reason for sexual orientation alone to prohibit anyone from adopting.
Miami-Dade Circuit Judge Cindy Lederman said the 31-year-old law violates equal protection rights for the children and their prospective gay parents, rejecting the state's arguments that there is "a supposed dark cloud hovering over homes of homosexuals and their children." She also noted that gay people are allowed to be foster parents in Florida.
Attorneys for the American Civil Liberties Union, who represent gay foster parent Martin Gill, said the case was the first in the nation in which numerous experts in child psychology, social work and other fields testified that there is no science to justify a gay adoption ban.
"There is no 'morality' interest with regard to one group of individuals permitted to form the visage of a family in one context but prohibited in another," Lederman wrote in a 53-page decision. "There is no rational basis to prohibit gay parents from adopting."
This is, of course, step one. However, this is a great step in the right direction. But no comes the national response, and the money pouring in, and the lobbying, and the pundits, etc. etc. etc.
But let's be happy for right now.
2 comments:
It is good to see that the courts are acting in the best interests of children, Any child would prefer adoption over foster parenting and Gay couples have the capacity to provide just as good an environment for children as hetrosexual couples. I am sure there will be legal challenges ahead but this is one more small step.
Hooray. Now if we can just get past the Supremes, we'll be golden. Also, Arkansas.
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