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.
RR
https://lawprofessors.typepad.com/family_law/2008/11/florida-adoptio.html
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