Nov 25, 2008 11:19 pm US/Eastern
Court: Florida Gay Adoption Ban Unconstitutional
Frank Gill And His Partner Asked A Miami Judge To Allow Them To Permanently Adopt Two Boys
Click Here To Read The Court's Ruling
MIAMI (CBS4) ―
-
-
Miami-Dade Judge Cindy Lederman ruled unconstitutional a state law that bans gay men and lesbians from adopting.
CBS
Poll
Do you agree with the judge’s decision to allow gay adoption?
You need the latest Flash player to view our Poll.
Click here to download.
Click here to
bypass this detection if you already
have the latest Flash Player.
In a landmark move, a Miami-Dade child welfare judge ruled on Tuesday that the constitutionality of a state law that bans gay men and lesbians from adopting is unconstitutional and has "no rational basis."
Circuit Judge Cindy Lederman said, "These children are thriving. These words we don't often hear within these walls. That's uncontroverted."
"There is no rational basis to preclude homosexuals from adopting," said the judge.
Florida law allows gays to serve as foster parents but not adopt.
Judge Lederman handed down the decision on the request by 47-year-old Frank Martin Gill to adopt two young boys he has been raising as foster children for the last four years. The Department of Children and Family Services took the boys, now four and eight years old, from their crack-smoking, abusive birth parents.
She found the ban violates not only homosexuals' civil rights, but also the rights of foster children to have a permanent home. "They're a good family," the judge continued. "They're a family in every way except in the eyes of the law. These children have a right to permanency," she added, "The only real permanency is adoption in the home where they are thriving."
Gill said after the ruling, "I cried my first tears of joy; I could not be happier." He added, "I think it would have been absolutely devastating for them to leave the only home that my little one has ever had."
The American Civil Liberties Union has sided with Gill in the case and claims the state law is unconstitutional. The ACLU says there is a shortage of parents for adoptions in Florida, where at a given time there are about a thousand children waiting to be adopted.
"There are a lot of gays and lesbians that could make great parents." Outside the courthouse, Gill reiterated the point, saying, "I care about other gays and lesbians; but to be very honest, I care more about the 3,535 kids who are sitting with no parents to adopt them."
"We respect the court's decision," said Assistant Attorney General Valerie Martin. "Based upon the wishes of our client, the Department of Children & Families, we will file an appeal." Gill has a life partner who is not being identified to protect the confidentiality of a third child who has his last name.
If the appeals court stands by the ruling, all Miami-Dade and Monroe County judges will have to allow homosexuals the right to adopt.
The case could make its way to the state Supreme Court, where the ban on gay adoption could be overturned. Until the final decision is handed down, no judge is required to grant adoptions to homosexual couples, but may choose to if they wish.
"For me, I believe the best place for a home is a home that has a mother and father, a husband and a wife." State representative Anitere Flores is concerned the ruling could open a floodgate of similar adoptions. She points out the state just voted against gay marriage. "I think that Floridians are very concerned as to what a homosexual marriage and household would do for families across the state."
(© MMIX, CBS Broadcasting Inc. All Rights Reserved.)
Burned Teen's Family Staying Positive
Click to enlarge
Stumble It!
