Family Law Prof Blog

Editor: Margaret Ryznare
Indiana University
Robert H. McKinney School of Law

Tuesday, November 25, 2008

Florida adoption ban unconstitutional - again

Circuit Judge Cindy Lederman held Florida's bar to "homosexuals" adopting children unconstitutional.  The ban, a product of Anita Bryant's "Save Our Children" Campaign in the late 1970s, has been challenged numerous times, with trial judges finding it unconstitutional, see Family Law Professor Blog here and here.

Lederman, known for her innovative work with children (NPR profile here), held that the ban did not meet the rationality standard and granted the adoptions.   The state will reportedly appeal.

Copy of opinion, In re Gill, as pdf here.   More information on the case is available on the ACLU website here, including a link to a You Tube video.


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In Mississippi, we have a similar ban on adoption by homosexuals. To my knowledge, it has not been challenged in the courts.

Given the "traditionalist" nature of our courts, I would think that a court hearing a challenge would find that our ban is constitutional, although I am not sure what the basis of that decision would be.

Posted by: Tim Evans | Jan 1, 2009 8:07:33 PM

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