Family Law Prof Blog

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

Thursday, September 23, 2010

Florida Appellate Court Overturns State's Ban on Gay Adoption

From The Miami Herald:

A state appeals court on Wednesday struck down Florida's controversial ban on adoptions by gay men and women as unconstitutional, and Gov. Charlie Crist and the state's child-welfare chief announced hours later they will immediately cease to enforce the ban.

In a unanimous ruling, a three-judge panel of the Third District Court of Appeal in West Miami-Dade said there is no ``rational basis'' for excluding gay men and lesbians from the pool of potential adoptive parents, upholding a November 2008 opinion by Miami-Dade Circuit Judge Cindy Lederman.

Calling Wednesday ``a very good day for Florida'' and ``a great day for children,'' Crist told reporters his administration will immediately cease enforcing the statute, which has held sway over Florida child welfare policy since 1977, when the Legislature voted overwhelmingly to exclude gays and lesbians from adopting.

The appeal court acknowledged its ruling is likely to be appealed. ``Our ruling,'' the panel wrote, ``is unlikely to be the last word.''

On Wednesday, Attorney General Bill McCollum, whose office represented the state in the case, declined to say what action he will take.

Read more news coverage here or the Florida court of appeals opinion here: Download FL Adoption Case.


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