Gay Rights

Florida Ban on Gay Adoption Ruled Unconstitutional

Published November 25, 2008 @ 02:54PM PT

adoptionWhat a great Thanksgiving surprise.  Earlier this month, we blogged about a case in Florida challenging the state's ban on adoption by gay and lesbian parents.  The case featured crackpot psychologists on behalf of the state, attempting to tell the Miami-Dade court that gay parents have a higher likelihood of making their children depressed.  These same crackpots also supported a ban on Native American adoption, too.

Well, we've got one word for these experts:  UNCONSTITUTIONAL.

That's what a Florida judge ruled today regarding Florida's law banning gay adoption. From Judge Cindy Lederman's ruling:

The challenged statute, in precluding otherwise qualified homosexuals from adopting available children, does not promote the interests of children and, in effect, causes harm to the children it is meant to protect...

There is no question the blanket exclusion of gay applicants defeats Florida's goal of providing [foster] children a permanent family through adoption.

Amen, sister.  I mean, Amen, your Honor.  You've hit the nail on the head:  Banning gay adoption causes harm to children.  It's as simple as that.

The case is being appealed by the Florida Department of Children & Families, but still.  This ruling today is the first step in overturning Florida's archaic and counter-productive adoption law.  Arkansas, maybe you'll be next.

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Comments (18)

  1. M H

    For a child to grow up, especially the teen-age years, with same sex parents would be confusing and would lead one to think that gay is as normal as being straight. God or evolution made you gay, so you will not reproduce.

    Posted by M H on 11/29/2008 @ 09:23PM PT

  2. Shannon Kowalson

    In response to MH,

    I am not sure if I agree with your logic. I am a Christian who is married to the opposite sex. You say:"God or evolution made you gay, so you will not reproduce" I cannot reproduce either because a variety of reasons, now does that mean I should not have the right to adopt a child?

    You say: "For a child to grow up, especially the teen-age years, with same sex parents would be confusing and would lead one to think that gay is as normal as being straight" Children grow up all the time with less then "normal" circumstances and things turn out fine. With your logic it could also go like this: The bible says that divorce is wrong, children grow up with divorced parents would be confused and could lead to them thinking that divorce should be as normal as being married and working through your differences. I grew up in a divorced house hold. A situation that was less then normal. Did I grow up thinking that divorce is normal?? No I didn't. I see divorce in regards to my parents for what it was. Giving up instead of working on their marriage. Am I confused on the issue? No, I am doing what ever I can to strengthen my marriage so that does not happen. Like I said before, children grow up with less then normal circumstances all the time, just like me and I am not confused at all.
    I see no benefit to not allowing gay parents to adopt a child. They should be allowed to adopt.

    Posted by Shannon Kowalson on 11/30/2008 @ 08:14AM PT

  3. Chris Benedict

    M H, your assertion assumes that children are incapable of understanding and dealing with the issue. If you have children of your own, you must understand that this isn't true at all; children are amazingly insightful even at very young ages, and completely capable of accepting and successfully processing same-sex parenting situations.

    I also would echo Shannon's sentiments regarding 'what is normal?' I am straight, married, have children, and consider myself successful in life...while I see myself as relatively harmless to society, most who know me would consider me far from 'normal'...and I consider that a compliment, especially if 'normal' is defined as those who think gays don't deserve the same rights as everyone else.

    What I would think is vastly more confusing to children--especially teenagers--is when parents bring them up with ideals of freedom, individual rights, and the notion that anyone can accomplish anything in America, only to have them discover that a large segment of people believe in denying fundamental rights to an entire segment of the population, and that open bigotry towards those people is almost completely tolerated.

    Lastly, if you do have childre M H, I would encourage you to picture them coming to you and sharing that THEY are gay--then tell me how you would explain to them that they do not deserve the same rights as the rest of us, and that they are an abomination in the eyes of God. If you can picture doing that, and are okay with it, I would suggest that perhaps it is YOUR definition of 'normal' that needs examination.

    Posted by Chris Benedict on 11/30/2008 @ 09:33AM PT

  4. Amanda  Zabohne

    I'm constantly amazed that the issue of homosexuality is any kind of priority in this context, especially considering chronic shortages of qualified foster parents. The issue here is the well-being of foster children - children being taken out of their biological families because of serious crisis, abuse, and/or neglect. THOSE are all things proven to seriously harm children. Compared to that, living with stable, altruistic gay people for a little while seems pretty normal to me. Gay foster parents may seem a little odd to some, but they're nothing compared to biological parents on meth.

    Posted by Amanda Zabohne on 12/01/2008 @ 07:22PM PT

  5. Christina Walker

    same sex couples are being so open and widespread nowadays, everyone against gay adoption has seriously got their head on backwards.  A child is not going to become depressed because he/she was reared by a same sex couple.  Leave the decision up to the parent who put the child up for adoption.....Even though I still think it's wrong.  But banning it altogether is absurd.  I hope that this country turns around soon.

    Posted by Christina Walker on 12/02/2008 @ 11:46AM PT

  6. Nicole  Carter

    Well, first of all....the ruling is GREAT!!!!!  And, while I am not a lesbian I am a HUGE advocate!  And, excuse me M H, but being Gay is as normal as being straight, if you would even call being straight normal...natural is more of the word to use.  And, being gay is also natural for those who are. Also, I would rather grow up in a same-sex family that loved me and that could care for me, then live with a family that did not. Think about it.

    Posted by Nicole Carter on 12/02/2008 @ 12:24PM PT

  7. Y R

    Now for a child to grow up in a homosexual family will experiment with both sexes.  I dislike when people say "I am bisexual" no ur not ur greedy and confused because u can't make up ur mind whether u like boys or girls.  I have nothing agains homosexuality but I hate how some people now think this is a cool thing.  Teenagers specially, they see it all over, how can they not want to try it.  I dont think anyone is born gay.  And NICOLE, when gay is as normal as being straight they the human race will be EXTINCT.  This is why is NOT NORMAL, is a choice of LIFESTYLE. 

    Posted by Y R on 12/02/2008 @ 09:17PM PT

  8. Denise Zuniga

    Growing up in a gay family is no more confusing that a child growing up in a straight family - As long as the parents give them love and support - they will turn out to be fine and with an open mind.

    Posted by Denise Zuniga on 12/03/2008 @ 07:26AM PT

  9. Tim Oey

    Whether gay or hetero, we are all human, it is all natural, and God loves us all.  Thank the Lord that the slow wheels of justice reached a logical and sound conclusion. I am hetero but some of my best friends are gay, have adopted kids, and are excellent parents.

    Posted by Tim Oey on 12/03/2008 @ 10:14AM PT

  10. A B

    Whether we are in Plymouth MA or St. Margaret's Bay, NS - we (partnered 32 years and married 5 years and our 6 year old son) live together and in our communities with full and equal justice under law.

    We are loving parents, and we suppose, do the best job we can in raising him as a loving and compassionate and just man....regardless of his psychosexual orientation.

    I suspect that our son shares the psychosexuality of our parents and siblings. Can we raise a heterosexual son?  Yes, resoundingly yes, we have many examples around us.....and his extended family of aunts and uncles, grandmother (94 years old), and many dozens of cousins seem to share his orientation as well. LOL

    Posted by A B on 12/03/2008 @ 10:30AM PT

  11. Amanda  D

    My partner and I have a teenage daughter. She is absolutely boy crazy. She is not confised by us at all, nor has she ever been. You are either gay, straight, or bi. It just is. There is no confusion.

    Posted by Amanda D on 12/03/2008 @ 04:32PM PT

  12. A B

    Amanda....God bless.....and hello from another special family..... I read your post and thought to myself.....seven more years and he enters HIS teens.....and said a quick prayer for that challenge...and ran into his room to behold his 6 year old self. LOL

    Posted by A B on 12/03/2008 @ 04:46PM PT

  13. A B

    Y R - there is an old saying. It goes like this. "To those who understand this issue, no explanation is necessary - to those prejudiced against it on all levels, no explanation will suffice."

    So, YR, I suppose that you fit in the latter category, sadly. But others are reading your words, and I, for one, will not let them stand. I am not responsible for the ignorance of others, but I am responsible to disseminate the truth in all matters.

    First of all, sexual experimentation is not a question of opposite or same sex family settings. Sexual experimentation is usually preceded by an inner knowledge of self. Once your psychosexual imprint is known, the experimentation ceases and the child begins the process of normalization into their truth.I am gay and my brother is straight. I find that we are both happy in our normative orientations. We have a first cousin who is a bisexual, but she has had both serious and long term relationships with men and women. I know that certain psychologists outside the APA accreditation criterion, state that bisexuality proves choice and not orientation. Bullocks, for that psychosexual orientation is much less prevalent than either gay or straight.

    I'll tell you YR what is really "cool" and that is living and loving within your own truth with someone who is your soul mate. I have had one for three decades and more....and we have a son we are raising that we presume is heterosexual. As long as he lives his truth, it is fine with either one of his fathers.

    I would suspect that..although you stated that "teenagers....seeing it all over (?) would not want to try it."Now, I assume that you are straight...because you have always been attracted to female persons.....and I doubt that you " tried " it - and if you did, not because you were "seeing it all over."

    Now YR, I am a sensible fellow, but when someone suggests to me that homosexuality is a choice and a lifestyle like living at the country club or the downtown gym....and that there is a possibility for the extinction of the human race because everyone would " turn gay".....then your homophobia and bigotry has overwhelmed your attempt at discourse.

    Yep.......for you  YR  no explanation will suffice..again sad....

    Posted by A B on 12/03/2008 @ 05:10PM PT

  14. Y R

    Raymond I am happy for u but u r completely wrong about me to say the least.  I am not a homophobic and I have very close gay friends.  And because of this, I noticed how promiscous that lifestyle is.  And I dont think, again, that bisexual is okay, IS NOT EMOTIONALLY HEALTHY OR STABLE.  How can it be?  My argument is not homosexually is bisexuality. 

    Posted by Y R on 12/03/2008 @ 08:24PM PT

  15. Y R

    if my daughters one day tell me they are lesbians I will support them and love them no matter what choice they made.  And as a parent I am getting my self psychologically ready in the event this happens because homosexuality is all over now a days.  I will be upset that I might never have grandchildren but I love my daughters enough to be accepting of this.  If it ever came to this.

    Posted by Y R on 12/03/2008 @ 08:29PM PT

  16. tanya marquette

    First I would like to note how irritating it is to see all this energy going into this issue.  I find it a major distraction from real issues of the day--like the lack of real human value that encourages genocidal wars as in iraq and dafur.  Or what about the issue of man-made diseases like AIDS or SARS which is spread in communities as an experiment in genocidal tactics.  And the economic conditions that permit poverty in a country with as much wealth and resources as this one.  My list is very long of serious issues to organize around for meaningful change.

    That being said, I need to note that ignorance around sexuality abounds.  All research shows that children in gay families are as well adjusted as children in straight families.  Being raised in either one doesn't predispose children to sexual identity.  Although, it is probably true that a gay child growing up in a gay family has an easier time of accepting his/her identity given the ongoing homophobia.  This speaks to a state of increased emotional health, not a problem.  On a personal note, my children, grown adults now, never had a problem with their sexual identity.  Problems that our family had did not revolve around this issue.

    It has always been a mystery to me why people feel the need to meddle in the personal lives of others in such negatively judgemental ways.  In my youth when issues of abuse were more common, I used to wish someone would interfere with their judgemental noses.  But that wasn't 'done.'  If people want to be self-righteous, let them put those energies into some real issues that affect the world and their communities.  Let them work on fighting for an educational program that teaches creative thinking and methods of research in order to really understand and issue.  Why not work on teaching kids how to evaluate the mass media with its propagandistic role and the dumbing down of American intellect.  And while on the issue of intellect, how about fighting for banning the use of flouride in public waters and toothpaste.  Perhaps people don't know that flouride affects mental abilities.  Hitler put it the water to dumb down the public!
    And this country uses its toxic fouride industrial waste to do the same thing.  Now that is always a good thought realizing how we, the people, are used as a toxic dumping ground!  Don't you think this is something more worthwhile to organize around?


    Posted by tanya marquette on 12/04/2008 @ 02:41AM PT

  17. A B

    YR - Promiscuity and psychosexual orientation do not translate into a condemnation of the opposite orientation from you.

    If you witness promiscuity, I am sure that you observe it in spades in the straight community. Heck, maybe you have heard of Hugh Hefner, who has lived his eighty years in pajamas....or the countless " gentlemen clubs " that dot our land.

    Maybe you have observed the fact that fifty percent (50%) of all heterosexual marriages end in divorce. Sixty percent (60%) for second marriages following divorce from the first.

    Do you know that the plurality of same sex marriages performed in either civil or RELIGIOUS ceremonies is 7 years and 4 months. Those marriages in the USA were performed in MA, my home and native state, where heterosexual marriages are the most statistically kept to golden anniversaries...and same sex marriages averaged higher - 12 yrs 1 mo.

    Do you know that the HIGHEST DIVORCE RATES are found in the so-called BIBLE BELT? Considering that they are Dominionist and theocratic....I am not surprised at their stark hypocrisy.

    So your arguement - that since your friends are promiscuous and gay....then you can translate that fact into an absolute.

    I hope that you will ponder what I have told you - this man married for 32 years and 4 months  with six year old son and understand that I am not an anomoly or an exception. We are the rule...as is monogamy is for the straights as well.

    There will always be those who do not nest but party their whole lives regardless of psychosexual orientation.

    Posted by A B on 12/04/2008 @ 04:56AM PT

  18. A B

    Tanya - Change.org have many threads that deal with the issues that you discussed as you simultaneously dissed the interest in this thread in the GAY RIGHTS issue threads? ? ?

    Genocide - whether caused by homophobia - racism - ethnicity - political philosophy - or totalitarian rule with non-specific or multiple causes - interests all of us.

    The SSIF's main purpose is to address the plight of LGBT persons in the countries in which they live, partner and sometimes raise children. With some nations, it is the struggle for civil marriage- in others it is the decriminalisation of laws against homosexuality- and in some countries, the mustering of world opinion to condemn the murder of LGBT persons either by the State or by persons bashing and killing them.

    Why do we concentrate upon the Roman Catholic Church? It is because it is the ONLY CHRISTIAN DENOMINATION, albeit the one who claims more than 1.5 BILLION adherents worldwide, WHO ALSO HAVE A NATION STATE RECOGNISED BY THE UNITED NATIONS. As the Vatican City State, they have Papal Nuncios or ambassadors in nearly all UN nations. Regardless of how small their numbers may be in a given country, their influence and voice is powerful.

    You speak of Darfur?  Are you aware of the plight of gay and lesbian Sudanese are? we do.. and are you aware that Sudan has diplomatic relations with the Vatican City State? Has it stopped genocide?   Islamic nation, predominantly....so?

    In the genocide among the Tutsies and the Hutus, please remember that the French colonized those tribes, and Roman Catholicism and the French language came along for the ride.
    The Vatican City state has diplomatic relations between Burundi and Ruanda and in most nations of Africa.

    Glad you shared.....see you in the other fora.....

    Posted by A B on 12/04/2008 @ 05:12AM PT

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Michael Jones

Michael is the Communications Director for the Human Rights Program at Harvard Law School, and previously was Communications Director for Pax Christi USA, a progressive Catholic human rights organization.

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