Family Law Prof Blog

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

Thursday, October 14, 2010

Florida Will Not Appeal Decision on Gay Adoption

Florida officials have announced that they do not plan to appeal last month's ruling striking down the FL gay adoption ban as unconstitutional:

George Sheldon, secretary of the Department of Children & Families, announced Tuesday his agency will not appeal a ruling by the Third District Court of Appeal that declared the 33-year-old law unconstitutional. The ruling involved two former foster children adopted by Frank Martin Gill, an openly gay North Miami man who took custody of the boys under DCF's authorization.

``It's clear that the District Court of Appeal decision is of statewide application, and it will be binding on all trial courts across the state,'' Sheldon said.

As of last week, the state had exhausted the time to challenge the Gill adoption, and so, regardless of the law's status, the two children will remain Gill's adoptive children, Sheldon said.

Sheldon said he had discussed the case with Florida Attorney General Bill McCollum as early as Tuesday morning, and informed the state's top law enforcer of his decision. He said he does not know whether McCollum will choose to exercise his authority to appeal to the Florida Supreme Court in defense of the state statute.

Read more here.


Adoption, Current Affairs | Permalink

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