25 November, 2008
Little by Little: Florida Judge Rules Gay Adoption Ban Unconstitutional
This is some very good news to wake up to this morning!
In her ruling, (Judge Cindy) Lederman said children taken into state care have a ''fundamental'' right to be raised in a permanent adoptive home if they cannot be reunited with birth parents. Children whose foster parents are gay, she said, can be deprived of that right under the current law.
''The challenged statute, in precluding otherwise qualified homosexuals from adopting available children, does not promote the interests of children and, in effect, causes harm to the children it is meant to protect,'' Lederman wrote.
The judge added: ``There is no question the blanket exclusion of gay applicants defeats Florida's goal of providing [foster] children a permanent family through adoption.''
''The challenged statute, in precluding otherwise qualified homosexuals from adopting available children, does not promote the interests of children and, in effect, causes harm to the children it is meant to protect,'' Lederman wrote.
The judge added: ``There is no question the blanket exclusion of gay applicants defeats Florida's goal of providing [foster] children a permanent family through adoption.''
This case centered on Frank Gill, who had been given half-brothers, ages 4 and 8, to care for around Christmastime four years ago. The boys were never able to return to their family, and Gill and his partner have been trying to adopt the brothers. According to Judge Lederman, the boys have thrived in the care of Gill and his partner.
In arguing on behalf of the Department of Children and Families, the Florida Attorney General's office made one of the most breathtakingly bigoted (not to mention just fucking stupid) claims:
that gay men and lesbians are disproportionately more likely to suffer from mental illness or a substance abuse problem than straight people, rendering them less fit to parent -- especially children in foster care who already are under tremendous stress.
Thankfully, Judge Lederman relies on actual facts and observations, rather than Religious Right talking points, when determining her ruling. (emphasis mine)
''Based on the evidence presented from experts from all over this country and abroad,'' Lederman wrote, ``it is clear that sexual orientation is not a predictor of a person's ability to parent. Sexual orientation no more leads to psychiatric disorders, alcohol and substance abuse, relationship instability, a lower life expectancy or sexual disorders than race, gender, socioeconomic class or any other demographic characteristic.
''The most important factor in ensuring a well-adjusted child is the quality of parenting,'' Lederman wrote.
Yes. This.''The most important factor in ensuring a well-adjusted child is the quality of parenting,'' Lederman wrote.
However, the time for celebration is short. Judge Lederman's 53-page ruling sets the stage for a constitutional showdown. Acting on behalf of the Department of Children and Families (which I guess means only straight, God fearing families...yeesh!), the AG's office has filed a notice of appeal. And this may well be a good thing. An appeal could make this ruling binding on the entire state (rather than just the circuit it was heard in). I'm happy for Frank Gill and his family today, but there is much work to do to ensure equality for ALL families.
(h/t to Mustang Bobby on Shakesville)
Labels: equality for all, in the news, yay
~~ victoria on 10:57 AM ~~ 0 comments
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