Miami judge rules against Florida gay adoption ban

[Matt Algren]

FINALLY. It's been awhile since we've had good news.



MIAMI - A Miami Dade Circuit judge (http://www.orlandosentinel.com/news/local/state/sfl-1125-adoption-ban,0,7945046.story) ruled today that a gay man and his partner should be able to adopt the two foster children they have raised for four years.

Circuit Judge Cindy S. Lederman "these children are thriving. These words we don't often hear within these walls. That's uncontroverted," said Circuit Judge Cindy S. Lederman.

"They're a good family. They're a family in every way except in the eyes of the law. These children have a right to permanency," the judge said. "The only real permanency is adoption in the home where they are thriving.

"There is no rational basis to preclude homosexuals from adopting," Lederman continued.

When he heard those words, Frank Martin Gill patted his eyes with a folded white tissue.

In 2004, the state encouraged Gill and his unidentified male partner to provide a foster home for two boys. Gill wants to become their adopted father.

"Today I've cried my first tears of joy in my life," said Gill, 47, a flight attendant who lives in North Miami. "We are elated." Gill added: "I wasn't here to make history. I was here to do the best thing for a 4- and an 8-year-old."

A lawyer from the Attorney General's Office, who is representing the state Department of Children and Families, said the case would be appealed.

Some states, such as Mississippi and Utah, prevent gays from adopting by using laws that prohibit unmarried couples from adopting. But Florida expressly targeted gays with its 1977 law, enacted during former Miss America Anita Bryant's anti-homosexual crusade.

Florida Statute 63.042 states: "No person eligible to adopt under this statute may adopt if that person is a homosexual." They can be state-appointed foster parents. They can be named permanent guardians. But adoption is not allowed.

Gill's attorney, Robert Rosenwald of the American Civil Liberties Union of Florida, said an appeals court and the possibly the Florida Supreme Court would be asked to address the ban on gay adoption.

[CaptainSnoopy]

Very Cool!

[sjbouza]

Well at least someone out there isn't so caught up in all the propaganda. We will see how it holds up in the other courts. Let us all pray that it will stand the test.

I just cannot see the rational anymore. The more I read and learn the more the "equal protection" pops out at me. Let's just say for a minute, and this is just hypothetical, that one does choose to be gay. So what, isn't that their right? Just as it is ones right to choose to be Christian, Buddist, Muslim, Atheist, vegan, etc! We don't strip those people of their rights just because a majority may not agree with their choice. It all comes down to them just not understanding or fearing someone that is different.

It is hard for me to completely relate to a "true homosexual" since I tried to make myself a hetero for so long and "have been there done that" part. But just because a person cannot understand how someone could love another of the same sex doesn't mean that they have less of a right to happiness.

That is my 2 cents.

Peace,
Scott

[labguy22]

I just read this on Box Turtle and started crying when I read "The two children are ages 4 and 8, making Frank virtually the only parent the younger child has ever known."

It just scared the hell out of me to think that the majority of people would deny these and other children loving homes because we don't fit their definition of a family.

[pnggrad79]

Oh so they can be parents, but they can't get married. So I guess being illegitimate is not considered a stigma as much as being gay is.

It's funny that in James Dobson's letter to 2012, he is all afraid that Boy Scout troop leaders who are gay will be allowed to sleep in the same tent with young boys. But these same people who ban gay marriage, will allow them to adopt or foster kids? (Sarcastically) If gay people are known pedophiles and lechers, then why the hell adopt kids out to them? This makes no sense.

I guess adopting kids is considered less of a crime against God than allowing two people who love each other to get married.

You can adopt kids and raise them together,you can act like a family, but God forbid you ruin the sanctity of marriage by attempting to get married. You can mess with the family just not marriage.

They give us bits and pieces of it but not the whole thing.

This is really stupid. We can live together, we can raise children together, but can't get married. Can't file taxes together, or anything else that smacks of being together. Dumb, dumb, dumb!!!!!:mad:


I am glad they got to adopt these two boys. Maybe someday they can get married. Nonetheless, a piece of paper does not a family make.

[Matt Algren]

Oh so they can be parents, but they can't get married. So I guess being illegitimate is not considered a stigma as much as being gay is.

It's funny that in James Dobson's letter to 2012, he is all afraid that Boy Scout troop leaders who are gay will be allowed to sleep in the same tent with young boys. But these same people who ban gay marriage, will allow them to adopt or foster kids? (Sarcastically) If gay people are known pedophiles and lechers, then why the hell adopt kids out to them? This makes no sense.

I guess adopting kids is considered less of a crime against God than allowing two people who love each other to get married.

You can adopt kids and raise them together,you can act like a family, but God forbid you ruin the sanctity of marriage by attempting to get married. You can mess with the family just not marriage.

They give us bits and pieces of it but not the whole thing.

This is really stupid. We can live together, we can raise children together, but can't get married. Can't file taxes together, or anything else that smacks of being together. Dumb, dumb, dumb!!!!!:mad:


I am glad they got to adopt these two boys. Maybe someday they can get married. Nonetheless, a piece of paper does not a family make.
Today's ruling is a victory.

Of course some of the laws won't make sense when you apply the nonsense arguments against the others. That's why they call it nonsense.

I honestly don't see any of the laws changing until they're challenged to the top levels on grounds of constitutionality. There's a growing record of judges ruling for civil rights while citizens vote out of fear and/or bigotry.

It's coming. Frustrating that it's taking so long, but it's coming.

[tdogg]

It will also take a US Supreme Court ruling to stop these people from launching an attack on us every time we get one step ahead.

[BruceChris]

And the state of Florida just wants to make things worse?

We should put those two sentences on buttons and bumper stickers, and spread them around.

Let's make sure that the lawyer from the Attorney General's office gets a couple stuck on his car. And maybe one slapped across the back of his jacket.

BC

[pnggrad79]

The bumper sticker should read:

We can adopt children in this state, but can't get married! What kind of screwed up state will let that happen!?

[Emproph]

I don’t know that there’s much new here, other than the mention that the state has filed an appeal.

Here’s the link (http://www.orlandosentinel.com/orl-miket1108dec11,0,2769262.column?page=1) if you want to read the whole thing, it’s not that long.

Here's a few snippets:
Frank Gill and his partner rescued two abused brothers, now ages 4 and 8, from a Miami crack house. The foster parents provided a loving home that healed physical and emotional damage.

And now the Department of Children and Families, which gave the boys over to Gill, is trying to break up the family, spending $260,000 so far on the legal effort.

Agency officials know this is wrong, which is why DCF Secretary George Sheldon won't talk to me.

A Miami judge rejected the state's arguments and ruled Gill could adopt the boy, prompting an immediate appeal from the state.

DCF is fighting Gill because it fears a political backlash from social conservatives if he is allowed to adopt the boys. They could bring intense political pressure to ban gay foster parents. That would be devastating, particularly as the economy worsens, the number of abuse cases rises and the state's resources dwindle.

This is not about what's best for kids. It's a political agenda by people who consider homosexuals sinful deviants. And the image of gays living in stable relationships, driving minivans, and caring for damaged children undercuts their cause and their moral superiority.

And now among their allies they can include DCF Secretary George Sheldon, Gov. Charlie Crist and Attorney General Bill McCollum.
So the state is suing to prevent this gay couple from adopting in order to prevent conservative "Christians" from banning gay foster parenting.

I can’t wait to get out of this state.

[tdogg]

So, we undercut the cause of the conservative agenda, and that's why that are all so pissed at GLBT people! It all makes sense to me now. :rolleyes:

They don't really hate us because we're gay, but because we aren't freaks, don't have an 'agenda' and are otherwise basically your average human being (possibly with quite a bit more compassion and understanding). And that undermines their anti-gay facade which they use to control their congregations and make tons o' money. :hissy: Which in turn morphs them into crybabies.

[Emproph]

So, we undercut the cause of the conservative agenda, and that's why that are all so pissed at GLBT people! It all makes sense to me now. :rolleyes:

They don't really hate us because we're gay, but because we aren't freaks, don't have an 'agenda' and are otherwise basically your average human being (possibly with quite a bit more compassion and understanding). And that undermines their anti-gay facade which they use to control their congregations and make tons o' money. :hissy: Which in turn morphs them into crybabies.
If they lose the victim/persecuted status, they can no longer justify their oppression of us. Which is why they need a victim who can AND WILL fight back.

As long as we fight back, they can think of themselves as persecuted victims, and therefore justify their oppression of us as defensive.

We’re just an easy target because of the “ick” factor, and are being used as a fundraising tool to overthrow the government.

[Emproph]

Florida Senator Introduces Bills to Repeal Gay Adoption Ban (http://lezgetreal.com/2009/01/florida-senator-introduces-bills-to.html)

However lawmakers on both sides of the aisle say neither has a chance of passing in the new legislature and the group behind a state constitutional amendment banning same-sex marriage that was approved by voters in November has vowed to fight the legislation.

[antiochian]

That is totally awesome!!! Sure hope it passes.

[Emproph]

This first one is a short profile on the family:

Fighting Florida's Gay Adoption Ban
ACLULGBT November 25, 2008
HK1afehIHLw

This one has more to do with my next post:

Florida Gay Adoption Ban Unconstitutional
seth3481 November 25, 2008
rYacAGZNIWk
Transcript, bold mine:
Anchor: Our other big story tonight, a landmark decision for a gay man who would like to adopt his two foster children. A Miami judge ruled a state ban on gay adoption, is unconstitutional, clearing the way for his family to become official.

CBS source Gary Nelson is live in Miami with a big development in this story - since you’ve covered from the beginning, Gary.

Reporter Gary Nelson: Well this ruling here in Miami Dade County today sets a precedent, one that the state’s conservative Attorney General promised to immediately appeal.

What judge Cindy Lederman has ruled here in Miami, is that Florida’s ban on adoption by gay parents is irrational and unconstitutional.

Voiceover: Frank Martin Gill smiled through his tears in the courtroom today, and then was applauded for making history. The gay foster parent officially a father now, [Judge Cindy Lederman: There’s no rational basis to preclude homosexuals from adopting.] after Judge Cindy Lederman ruled Florida’s ban on adoption by gays, is unconstitutional.

Frank Martin Gill: Today I’ve cried my first tears of joy in my life. We are elated, we couldn’t be happier with the judge’s decision.

Voiceover: Gill and his partner have been foster parents for four years to these two boys, now four and eight years old, they were neglected and abandoned by their birth parents. The judge ruled today, that Florida’s ban on gay adoption is not in these children’s -- any children’s -- best interests, is not supported by any science.

Hillary Bass, Children’s Attorney: That it was uncontroverted, that in the four years that these two children have been with Mr. Gill, they have thrived in every possible way.

Frank Martin Gill: I felt that the only right thing to do was adopt these children. It wouldn’t be right after they were thoroughly bonded with us to give them up to another family. That can be very detrimental to children.

Voiceover: Gill says he didn’t look set precedence, sees himself as a father, not an activist, but worries about thousands of foster children still waiting to be adopted.

Frank Martin Gill: I’m very grateful for the decision today, hopefully this will make a difference for all of those kids.

Voiceover: But the ink was scarcely dry on Judge Lederman’s ruling when the state announced a challenge.

State's Spokeswoman: We have filed a notice of appeal with the court, on this order already this morning.

Voiceover: While there will be an appeal after today’s ruling, the name Frank Martin Gill will be recorded in history.

For the moment though, you can just call him “dad.”

Reporter Gary Nelson: And the state promised an immediate appeal up to the Third District Court of appeals here in Miami today. Whoever loses there, you can be sure, will take it on up to the State Supreme Court, but for the moment, Martin Gill is the legal father of his children, they have his name tonight.

We’re live in Miami, Gary Nelson, CBS4 News.

Anchor: And they’ll be very thankful and celebrating this Thanksgiving. Gary, thank you.

Today’s ruling is the second recently in South Florida to declare the state’s ban to be unconstitutional. Florida is not the only state with similar bans. Mississippi has a ban on gay couples in place, and just three weeks ago, voters in Arkansas voted to ban all unmarried couples from adopting children. That matches a similar law that’s in place in Utah.

We want to know if you agree with the judge’s decision to allow gay adoption. Tell us what you think by taking our web poll. You can find it within Gary Nelson’s story on cbs4.com/local, and we’ll have those results for you new at six.

[Emproph]

From post # 10 above:
Good commentary in the Orlando Sentinel

I don’t know that there’s much new here, other than the mention that the state has filed an appeal.

Here’s the link (http://www.orlandosentinel.com/orl-miket1108dec11,0,2769262.column?page=1) if you want to read the whole thing, it’s not that long.

Here's a few snippets:

So the state is suing to prevent this gay couple from adopting in order to prevent conservative "Christians" from banning gay foster parenting.

--The link in my post above, #10, and in the quote above, now redirects to the Chicago Tribune, and I cannot find it through searches on that site.

--The article was dated December 11th, 2008, and was called: State's hypocrisy on gay adoptions could tear apart this family

--It is also missing from the Orland Sentinel’s Mike Thomas (author) page (http://www.orlandosentinel.com/news/columnists/orl-thomas,0,4139332.columnist) (his articles are in the order of date), nor can I find it in searches on that site either.

--Every Google search I have tried where others websites have linked to the article also redirect to the Chicago Tribune.

--On the Orlando Sentinel Mike Thomas blog page, for Dec 11th (http://blogs.orlandosentinel.com/news_columnist_mikethomas/2008/12/frank-gill-adop.html#comments), there is only a short statement about the case, and a link to the ACLU (http://www.aclufl.org/adoption/gill.cfm), which has several PDF links regarding the case and Florida adoption laws.

--I was finally able to find a cached version of the article, but I had to find each page separately - as linking to the other page (from the cached page), again, goes to the Chicago tribune.
-------------
I contacted Mike Thomas a couple days ago by the email listed in the article to see if he was aware of all this. He has not yet responded.

So I am posting the article in full here for the sake of record.

Cached Page 1 (http://74.125.113.132/search?q=cache:qgv5e0h0nycJ:www.orlandosentinel.co m/news/local/orange/orl-miket1108dec11,0,1967359.column+%22State%27s+hypoc risy+on+gay+adoptions+could+tear+apart+this+family %22&hl=en&ct=clnk&cd=4&gl=us):
State’s hypocrisy on gay adoptions could tear apart this family
Mike Thomas | COMMENTARY
December 11, 2008

Frank Gill and his partner rescued two abused brothers, now ages 4 and 8, from a Miami crack house. The foster parents provided a loving home that healed physical and emotional damage.

And now the Department of Children and Families, which gave the boys over to Gill, is trying to break up the family, spending $260,000 so far on the legal effort.

Agency officials know this is wrong, which is why DCF Secretary George Sheldon won't talk to me.

Here is more on this twisted, sad story, which I first wrote about last week.

Frank Gill is gay.

The state recruits gays to serve as foster parents because many provide nurturing shelter for Florida's growing number of abandoned and abused kids.

The state normally would encourage Gill's request to adopt the brothers.

But a 1977 law bans gay adoptions in Florida.

So we have this hypocritical situation in which the state acknowledges gays as good parents while at the same time denying them parenthood.

The law was enacted at the behest of former beauty queen Anita Bryant, who went on a religious crusade against homosexuals in the 1970s. Her rationale for banning gay adoptions was this: "Since homosexuals cannot reproduce, they must recruit and freshen their ranks."

Do you think this is Gill's intent? The older brother he took in was so infected with ringworm the boy looked bald. He was unresponsive. It took Gill two years to gain his trust. A boy who didn't talk and never had seen a book is now a happy kid who rides bikes with his friends and does his homework every night before bed.

But in line with Bryant's thinking, Attorney General Bill McCollum's office put on a Byzantine case against Gill's adoption request. A Miami judge rejected the state's arguments and ruled Gill could adopt the boy, prompting an immediate appeal from the state.

The attorney general's main expert witnesses was George Rekers, a Miami clinical psychologist and Baptist minister who believes gays are immoral and has written that gay activists are trying to legalize pedophilia. He argues gays are more prone to depressive disorders, substance abuse and unstable relationships, disqualifying them as adoptive parents.

Gill's attorneys refuted the state with nationally known experts in health, adoption and child welfare from the John Hopkins University School of Medicine, the National Institute of Child Health and Human Development, the UCLA School of Public Health, Rutgers University and the University of Miami medical school.

If I could sum up their testimony, it was this: The quality of the parenting is what matters, not the sexual orientation of the parent.

This goes to the heart of the case: Do we judge people as individuals or by group stereotypes?

If an Iraq War veteran and his wife wanted to adopt a child, should the state reject them because, statistically, soldiers who have experienced combat have a 62 percent increased risk of divorce? Should an American Indian be rejected because, statistically, they have higher rates of alcoholism and depression?

The Attorney General's Office would take us back to a dark racist past when people weren't individuals but the sum of their stereotypes.

"The state looked for credible, well-respected social scientists to testify in court on its behalf," said Bob Rosenwald, one of Gill's attorneys. "But there were no serious scientists who would take its position."

Not even for the $60,900 the state paid Rekers.

Cached Page 2 (http://74.125.113.132/search?q=cache:SMMCY7N_K18J:www.orlandosentinel.co m/orl-miket1108dec11,0,2769262.column%3Fpage%3D2+%22Stat e%27s+hypocrisy+on+gay+adoptions+could+tear+apart+ this+family%22&hl=en&ct=clnk&cd=1&gl=us):
McCollum refused to be interviewed. His spokeswoman said the office simply is serving as counsel for the Department of Children and Family Services. A DCF spokesman categorized the two agencies as working in "partnership."

Nobody wants to take credit for this train wreck.

So what is going on?

DCF is fighting Gill because it fears a political backlash from social conservatives if he is allowed to adopt the boys. They could bring intense political pressure to ban gay foster parents. That would be devastating, particularly as the economy worsens, the number of abuse cases rises and the state's resources dwindle.

Social conservatives also could try to put a ban on gay adoptions in the constitution. They would argue that children need a father and mother, as if there are Ozzie and Harriets lined up to take kids like these brothers. There is a reason they have remained in Gill's care. Nobody else wants them.

Here is the profile of a boy up for adoption named Robert: "The possibility of a short life expectancy exists. Robert is receiving specialized therapies to help address his medical needs. He requires twenty-four hour care . . . ''

Any takers?

If Frank Gill offered to care for Robert, would you object?

This is not about what's best for kids. It's a political agenda by people who consider homosexuals sinful deviants. And the image of gays living in stable relationships, driving minivans, and caring for damaged children undercuts their cause and their moral superiority.

So they will do what it takes to prevent that. If two brothers are ripped from their family and even from each other as a result, so be it.

And now among their allies they can include DCF Secretary George Sheldon, Gov. Charlie Crist and Attorney General Bill McCollum.

Mike Thomas can be reached at 407-420-5525 or mthomas@orlandosentinel.com.

There’s so much to comment on there, but when I could no longer find a working link to the article, these are the portions of it that immediately came to mind that may have lead its deletion:

DCF is fighting Gill because it fears a political backlash from social conservatives if he is allowed to adopt the boys. They could bring intense political pressure to ban gay foster parents. That would be devastating, particularly as the economy worsens, the number of abuse cases rises and the state's resources dwindle.

This is not about what's best for kids. It's a political agenda by people who consider homosexuals sinful deviants. And the image of gays living in stable relationships, driving minivans, and caring for damaged children undercuts their cause and their moral superiority.

And now among their allies they can include DCF Secretary George Sheldon, Gov. Charlie Crist and Attorney General Bill McCollum.
Now that’s stepping on some toes in razor tongue fashion, and rightfully so.

But my question is, is that the reason the article was deleted?

[Matt Algren]

It's not unusual for online newspapers to purge articles from time to time. It's annoying, but probably just an automated incident. Here's screencaps of the pages:

Page 1 (http://betterlate.files.wordpress.com/2009/01/states-hypocrisy-on-gay-adoptions-could-tear-apart-this-family-orlandosentinelcom-page-1.png)

Page 2 (http://betterlate.files.wordpress.com/2009/01/states-hypocrisy-on-gay-adoptions-could-tear-apart-this-family-orlandosentinelcom-page-2.png)

[Jennifer5]

This is wonderful news! :love:

:pray: I hope that they will not be able to repeal this.

[Emproph]

Bill to overturn ban on gay adoptions likely to fade (http://www2.tbo.com/content/2009/apr/29/291541/gay-adoption/)

Some highlights:
Now the state Legislature is faced with a bill aimed at overturning the state's 1977 ban on gay adoption, and Florida's Third District Court of Appeals must resolve a lawsuit over the issue stemming from Gill's case. The case is likely to move on to the Florida Supreme Court...

...The legislation is expected to die without coming to a vote before the Legislature adjourns next week...

...Former state legislator Baxley and other conservatives want the state to maintain its gay adoption ban and support the Department of Children and Families' decision to fight Lederman's ruling and the Legislature's decision for a seventh straight year to maintain the law.

They say it's better for the children to remain in foster care and keep their chance to be adopted by a heterosexual person or couple than to be adopted by a gay person or couple. More than 3,000 children in Florida's foster care system await adoption, most of them having suffered abuse or neglect.

Matthew 18:12 (http://www.biblegateway.com/passage/?search=Matthew%2018:12;&version=31;)

12"What do you think? If a man owns a hundred sheep, and one of them wanders away, will he not leave the ninety-nine on the hills and go to look for the one that wandered off?

And the social conservative version:

"What do you think? If gay couples can provide loving and nurturing homes to 3000 children, and one of them has the chance to be adopted by a heterosexual couple, mustn’t social conservatives leave the 2,999 to languish in foster care for the chances of the one?”

[bob264]

When I was a kid I was molested by my straight married father, not by the gay man who raised me.