RedTracker| A Miami, Florida appeals court struck down a 33-year-ban on adoption by gay couples, saying that it violates the equal protection clause of the Florida Constitution.
The decision upholds a 2008 ruling by Miami-Dade Circuit Judge Cindy Lederman that the state can’t deny a fit foster parent who happens to be gay the right to adopt a child.
The Florida law is considered to be the most ‘draconian’ in the country due to explicit language stating that homosexual parents can’t become adoptive parents. State officials have 30 days to decide whether or not they will appeal.
The state of Florida contended that lesbian and gay people are more prone to drug abuse, mental illness and dangerous lifestyle choices.
The appeals panel dismissed these claims, saying the state’s “experts’ opinions deviated from scientific thinking about the fitness of gay parents and were therefore suspect.
Even though one of the state’s ‘expert’ witnesses George Rekers of the Family Research Council was largely discredited after his 10-day summer soujourn with a male escort he obtained from Rentboy.com, it’s believed that the state of Florida may well press on with the case. Running for senate as an independent, Gov Charlie Christ now supports gay adoption rights.
The plaintiff in the case, Martin Gill, does want the case to go before the Florida Supreme Court, as the only certain ban to kill the ban for all judicial districts in the state. via Miami Herald