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Florida Gay Adoption Ban Overturned

Miami Dade Circuit Judge Cindy Lederman ruled Tuesday there was “no rational basis” for prohibiting gays from adopting children. Openly gay father Martin Gill will be able to keep custody of the two foster children he has cared for since 2004. The state will appeal the decision.

Gill took two half-brothers into his North Miami home after a child abuse investigator asked for his help. While the arrangement was supposed to be temporary, the state was unable to place the children elsewhere and Gil became their de facto guardian.

When Gill petitioned to adopt the children, the state, which has one of the strictest anti-gay adoption laws of the country, hauled Mr. Gill to court.

While Florida allows same-sex couples to foster children, it doesn’t allow them to adopt. Today’s decision overturns that law for now, but the ultimate fate of the Gill family remains up in the air until the appeal is settled.

“No Rational Basis”– You mean it makes no sense that the state would allow gay people to take care of foster kids for years at a time as their legal guardian but prevent them from adopting those kids?  “No Rational Basis”. Yeah, that sounds about right. In fact, “no rational basis” nicely sums up the entire argument against giving gays and lesbians the same rights as straight people, be it the right to adopt or the right to marry.

At what point does “You can foster the kid, but you can’t adopt” or “You can be in a union, but you can not marry” stop being treated like justifiable arguments and more like the homophobic semantics designed to deprive citizens of equal rights that they are?  Well, in Florida, on at least one issue, that answer is “Today.”

By:           Japhy Grant
On:           Nov 25, 2008
Tagged: , ,

  • 18 Comments
    • Kid A
      Kid A

      AMAZING!!! This is very, very good.

      Nov 25, 2008 at 11:02 am · @ReplyReply to this comment ·
    • brandon
      brandon

      thank god for sane people like Cindy

      Nov 25, 2008 at 11:05 am · @ReplyReply to this comment ·
    • Trenton
      Trenton

      Woooooo! Best news I’ve heard all week.

      Nov 25, 2008 at 11:07 am · @ReplyReply to this comment ·
    • ajax
      ajax

      Well, at least three people in Florida have something for which they’ll be truly thankful this Thursday. I hope it is the first of many thankful days and years for Mr. Gill and his sons.

      Nov 25, 2008 at 11:12 am · @ReplyReply to this comment ·
    • Alexa
      Alexa

      Thank you, Judge Lederman. Let’s hope the state’s appeal fails.

      Nov 25, 2008 at 11:21 am · @ReplyReply to this comment ·
    • Woof
      Woof

      Level heads prevail.

      Nov 25, 2008 at 11:32 am · @ReplyReply to this comment ·
    • Joe Moag
      Joe Moag

      This is so great to hear! And so great for kids who need homes with love!

      Nov 25, 2008 at 11:37 am · @ReplyReply to this comment ·
    • ILOVEZ
      ILOVEZ

      A M A Z I N G!!!!! Finally one great news!!!

      Nov 25, 2008 at 11:38 am · @ReplyReply to this comment ·
    • Jaroslaw
      Jaroslaw

      Has the state appealed? I would think they would be to embarrassed to appeal. And if they have money to waste on this, I assume all other necessary things in Florida are funded 100%?

      Nov 25, 2008 at 11:56 am · @ReplyReply to this comment ·
    • RichardR
      RichardR

      How soon do you think the O’Limbaughty’s will start hollering “activist judge” about Ms. Lederman?

      Right, fellas, it’s better to destroy a family than allow gays to adopt.

      I think the phrase “no rational basis” should become our t-shirt and signage slogan, and it’d make a good rally chant, too.

      Nov 25, 2008 at 12:33 pm · @ReplyReply to this comment ·
    • Alexa
      Alexa

      @Jaroslaw:
      According to the link, the state will appeal. Assholes.

      Nov 25, 2008 at 12:57 pm · @ReplyReply to this comment ·
    • gaycurmudgeon
      gaycurmudgeon

      Are you listening, Arkansas?

      Nov 25, 2008 at 1:01 pm · @ReplyReply to this comment ·
    • Charles J. Mueller
      Charles J. Mueller

      @Alexa:

      This is all the State has do with the taxpayers money?

      As if there were not more pressing issues to deal with?

      Assholes. I am beginning to hate this backward, redneck state.

      Nov 25, 2008 at 1:29 pm · @ReplyReply to this comment ·
    • David
      David

      This is very good news….someone finally thinking about the welfare of the children.

      The state said it would appeal….if they lose that he comes another peoples vote on a constitutional amendment to discriminate gay people…..

      Nov 25, 2008 at 2:01 pm · @ReplyReply to this comment ·
    • michael
      michael

      A lot of people think that Florida is one of our more “fabulous” states because of the sunshine, South Beach etc. No its not, its
      Mississippi with the exception of the very southern tip. It is redneck, white trash and backward. Its an awful place actually and will take the courts to change anything down there, but if the voters can vote to keep it ignorant then they will.

      Nov 25, 2008 at 2:52 pm · @ReplyReply to this comment ·
    • Puddy Katz
      Puddy Katz

      It is evil to break up this family.

      Nov 25, 2008 at 7:41 pm · @ReplyReply to this comment ·
    • Steve
      Steve

      Of course, the state will appeal. The government administrators in Florida, and even most the locals in Miami, are social conservatives.

      But that isn’t the basis on which an appeal has to be argued. The appeal has to argue that there is a “rational basis” for the statute, based on the evidence submitted at trial.

      The court found lots of evidence that the statute is not rational. And, the state’s two expert witnesses were both pretty thoroughly discredited. The fact that Florida allows gay people to be foster parents pretty well nails it down — if there were any rational basis to keep children out of gay households, they could not allow gays as foster parents.

      And, an appeals court will very reluctant to reverse an adoption, because that reversal itself would harm the children.

      Nov 26, 2008 at 4:03 am · @ReplyReply to this comment ·
    • Willie Hewes
      Willie Hewes

      The good news keeps on coming. I want to read the decision for this, it’s always great fun when judges lay the smack down on hateful nonsense.

      No Rational Basis.

      Nov 26, 2008 at 7:39 am · @ReplyReply to this comment ·

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