Trial Judge Finds Florida Gay Adoption Ban Unconstitutional

In a long over due decision a Florida Circuit Court Judge has ruled that Florida's statute banning gays from adopting is unconstitutional. The ban obviously deprived would be gay adoptive parents of equal protection and rights under the Florida Constitution, not to mention in my view the United States Constitution. Moreover, the judge recognized that allowing the gay father and his partner was in the best interests of the child - what is ALWAYS supposed to be the guiding principle in child placement decisions. Even more interestingly, the judge found that there was no justification for the ban other than to treat gay and lesbians in a punitive manner. I have always maintained that the Christianist backed anti-gay statues have never been about protecting marriage or children but rather ONLY about punishing gays and lesbians for not conforming to Christianist religious views. Here are some highlights from the 67 page opinion (which can be found here-order [PDF text]):

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The Court finds the foregoing facts to be true: (a) The fact that Petitioner is a gay man is irrelevant to his skills as a parent and his fitness to adopt. Irrespective of Petitioner's sexual orientation, it is in the minor's best interest to be adopted by Petitioner, (b) Floridians who are gay or lesbian are not for that reason inherently incapable of parenting an adopted child, (c) In view of the less restrictive alternative safeguards that exist, there is no need for categorical disqualification of all gays and lesbians in Florida from adoption to ensure that no child is adopted by an inappropriate caregiver, and (d) After having listened to and read the legislative history surrounding the enactment of SB 354, the Court finds that there was no non-punitive purpose for categorically excluding every single gay and lesbian Floridian from adopting children.

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In the ruling, the judge also Florida noted that the statute was passed by lawmakers in 1977 amid a politically charged campaign led by singer Anita Bryant to send gay people ''back into the closet'' following her efforts to repeal the Dade County anti-discrimination ordinance. The judge said the law violates the Constitution's separation of powers by preventing family court and child welfare judges from deciding case-by-case what is best for a child. The judge also noted:

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''Contrary to every child welfare principle,. . . 'the gay adoption ban operates as a conclusive or irrebuttable presumption that . . . it is never in the best interest of any adoptee to be adopted by a homosexual.''

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While the decision is not binding precedent, the opinion lays out a logical and reason basis that could be utilized by other fair minded members of the judiciary. Unfortunately, as I found in my own divorce case, there are far too few fair minded judges on many state court benches.