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Fighting Florida's Adoption Ban

A number of prominent advocacy groups are urging an appeals court to strike down a 31-year-old law that bars Florida's gay men and lesbians from adopting.


A number of prominent advocacy groups are urging an appeals court to strike down a 31-year-old law that bars Florida's gay men and lesbians from adopting.

The groups -- including the American Psychological Association, the Center for Adoption Policy, and the Southern Poverty Law Center -- filed seven friend-of-the-court briefs in a pending case before Florida's third district court of appeal.

The appeals court will soon decide whether to uphold or reject a Miami-Dade circuit court decision that granted the adoptions of two brothers to a north Miami gay couple, effectively overturning the state's ban on gay adoption, which came to be after the homophobic Anita Bryant "Save Our Children" campaign of the late 1970s. That Miami case, which was won by the American Civil Liberties Union, was immediately appealed by the state of Florida, though no date has yet been set for oral arguments in the third district court of appeal.

"The Florida law banning lesbians and gay men from adopting cripples efforts to find families for the approximately 3,500 foster children the state reported were in need of homes and leaves some children without the security of adoption and having a 'forever family,'" said Leslie Cooper, a senior staff lawyer with the ACLU's Lesbian Gay Bisexual Transgender Project, in a press release. "It's not surprising that so many prominent children's advocates are stepping up to let the court know just how harmful this law is to children."

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Reader Comments
  • Name: torqueflite
    Date posted: 6/24/2009 11:19:00 AM
    Hometown: Colorado

    Comment:

    I lived in north FL during the Anita Bryant era and I recall the sodomy law on the books at that time. I suspect it was there until Lawrence v. Texas eliminated all such barbaric laws. From my perspective FL hasn't changed much since I moved to CO in 1979. Good luck to all Floridians who are fighting this anti-adoption horror as well as their anti-SSM Amendment 2. What creepily reminiscent nomenclature...Colorado's Amendment 2 of 1992 that banned local anti-discrimination ordinances was overturned in the landmark case called Romer v. Evans, 1996, with which students of gay history are well-acquainted.

  • Name: neil
    Date posted: 6/24/2009 11:17:00 AM
    Hometown: tampa, florida

    Comment:

    How ironic that a state that purports to have the well being of children in mind almost daily reports a never ending list of crimes against children by "straight" people, often the very parents of the victims. Many times even state licensed agencies are at fault for allowing it to happen. I am continually amazed at how complicit the state is in allowing it to happen. There are MANY repeat abusers who are allowed to keep their children. At the same time the state actively works to prevent gays from adopting. The only thing the state is interested in is projecting a homophobic attitude. Sad, but until people say "ENOUGH" it will continue as the status quo.

  • Name: Michael R
    Date posted: 6/24/2009 10:23:00 AM
    Hometown: Fort Lauderdale

    Comment:

    I've been back in FLA for 3 months after living in SF for over 30 years. I lived in Ft Laud in 76 & 77 and it seems like life has stood still in the Gay community. Not much has changed since Anita was on the war-path. No big surprise that God-fearing people are still fighting against Gay adoption. It's unreal how up-front Str8ts are with their blatant homophobia here. Unlike CA where they hide behind their votes and stuff it in the ballot box. It may be bittersweet but I know who hates me here and I take proper precautions. In order for Gay-equality to arrive in FLA, it will have to come from the Federal government. Still, it is nice to be here after all these years. Almost every corner holds a memory of the loves and hopes from days gone by! Ah, life was simpler then.

  • Name: David
    Date posted: 6/24/2009 9:34:00 AM
    Hometown: Tampa

    Comment:

    Mark, I don't think Michael meant that. I think he meant that the ban on adoption glorifies and legitimizes homophobia. He's saying that that has seemed more important than finding homes for children.

  • Name: Mark
    Date posted: 6/24/2009 9:30:00 AM
    Hometown: Middleboro, MA

    Comment:

    Michael, Clayton, CA: get your head out of the sand. Leaving these kids in the hands of the state is worse for the children. Homosexuality is a natural as being left handed. And if your against homosexuality why are you reading a GLBT publication?

  • Name: mikeLT
    Date posted: 6/24/2009 9:07:00 AM
    Hometown: boston

    Comment:

    How many of those foster children are from abusive STRAIGHT parents? There are thousands of instances of proof that heterosexuality, in and of itself, is not a condition of good parenting. These children deserve a loving home... regardless of the sexual orientation of the head(s)-of-household.

  • Name: Michael
    Date posted: 6/24/2009 4:48:00 AM
    Hometown: Clayton, CA

    Comment:

    How sad that glorifying and legitimizing homophobia is more important than providing a loving home for all children.

  • Name: Roger Burr
    Date posted: 6/23/2009 11:03:00 PM
    Hometown: Marble Hill, MO

    Comment:

    The WORST part of this tragedy is that it is the innocent children who suffer because of this idiocy. Anyone who thinks a child is better off growing up in a state institution, rather than a loving and stable home; is welcome to surrender one of THEIR kids as a test case. They would get a 'reality check' damn fast!



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