vc318

Gay adoption ban officially ends, state won't appeal court ruling - Miami-Dade Breaking News - MiamiHerald.com

Gay adoption ban officially ends, state won't appeal court ruling

TALLAHASSEE -- Attorney General Bill McCollum made it official Friday: the state's 33-year law ban on the adoption of foster children by gay couples is dead.

After spending years fighting the constitutional challenge to the ban, even getting personally involved in the selection of an expert witness to defend the state's case, McCollum announced that he has decided not to appeal the ruling that threw out the state law.

An appeals court unanimously ruled last month that Florida's ban was unconstitutional. Gov. Charlie Crist and the Florida Department of Children and Families announced that they would not appeal the decision and only McCollum's office, which represents DCF, was left to decide whether to ask the Florida Supreme Court to consider the case.

"The constitutionality of the Florida law banning adoption by homosexuals is a divisive matter of great public interest,'' McCollum said in a statement. "As such, the final determination should rest with the Florida Supreme Court, not a lower appellate court.

``But after reviewing the merits of independently seeking Supreme Court review, following the decision of our client the Department of Children and Families not to appeal the decision of the Third District Court of Appeal, it is clear that this is not the right case to take to the Supreme Court for its determination.''

The lawsuit was filed by the American Civil Liberties Union on behalf of Martin Gill, a Miami man who wanted to adopt two foster children he and his partner have been raising for almost six years.

McCollum said he hopes for ``a more suitable case will give the Supreme Court the opportunity to uphold the constitutionality of this law."
ACLU called McCollum's decision a welcome relief."This law, by baselessly branding gay people unfit parents, was one of the most notorious anti-gay laws in the country, and we are delighted that it has been ended once and for all,'' said Leslie Cooper, a senior staff attorney with the ACLU LGBT Project, who argued the case before Florida 3/8s Third District Court of Appeal.

``This victory means that the thousands of children in Florida who are waiting to be adopted will no longer be needlessly deprived of willing and able parents who can give them the love and support of a family.''
Howard Simon, the ACLU of Florida's executive director, called McCollum's statement ``face-saving'' after the state fought five lawsuits over 18 years and lost. ``An opinion from the Florida Supreme Court is not necessary,'' he said.

``The DCA opinion is binding in every court in the stat.e There is now a finality at last for the Gill family. This matter is now over.''

Finally Florida's got something right.

_vega_

That's fantastc!

This was long overdue but I'm glad to see the changes happening.

wanderer78

I don't cheer on Florida often, but I will here. Good for them.

Callace

That's great. Happy for the children who might now get permanent families and hope the issue really won't have to be tried by any more courts in more cases.

sunnykerr

Way past due. Welcome to the 21st century, Florida!

vc318

So true!

Comfortably Numb

Great news!

sunnykerr

I've added tags to the thread.

Comfortably Numb

Link

This is the thing I don't get. Kids need good homes, if two people or even one person can provide that what is the real problem? Even if you are intolerant to gay people (which I will never understand why people even are), isn't better to allow kids to go to safe homes than to throw them into state institutions or group homes?

sunnykerr

I don't any right-thinking person has any problem with gays adopting.

But mean and narrow-minded zealots will always pray on the fears and superstitions of people who haven't had a lot of life experience.

Comfortably Numb

So true.