Nov 25, 2008

Florida Gay Adoption Ban Unconstitutional

And about time, too! For 31 years, Florida has had a law prohibiting lesbian and gay parents from adopting children. Today, a Florida Circuit Court judge ruled that the ban is unconstitutional, violates children's equal protection rights, and is not supported by any rational basis.

The judge noted that there is no legal or scientific reason for preventing gay parents from adopting, despite the state's efforts to use old stereotypes (more drug use, less stable relationships) to persuade her that gay people are ineffective parents. To the contrary, the judge noted, "It is clear that sexual orientation is not a predictor of a person's ability to parent."

In this belief she is joined by the American Academy of Pediatrics, American Medical Association, and American Psychiatric Association, all of which support allowing LGBT people to adopt children.

The state says it will appeal the decision, so the issue may end up in front of the Florida Superme Court.

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