Tuesday, November 25, 2008

Florida Adoption Ban Stricken Down

Arkansas voters may have succeeded in making sure there were less homes for foster kids, but a judge in Florida has stricken down the state's 31-year old ban on adoption by gays:

A judge on Tuesday overturned a strict Florida law that blocks gay people from adopting children, declaring there was no legal or scientific reason for sexual orientation alone to prohibit anyone from adopting.

Miami-Dade Circuit Judge Cindy Lederman said the 31-year-old law violates equal protection rights for the children and their prospective gay parents, rejecting the state's arguments that there is "a supposed dark cloud hovering over homes of homosexuals and their children."

She noted that gay people are allowed to be foster parents in Florida. "There is no rational basis to prohibit gay parents from adopting," she wrote in a 53-page ruling.

"It is clear that sexual orientation is not a predictor of a person's ability to parent," the judge wrote. "A child in need of love, safety and stability does not first consider the sexual orientation of his parent. The exclusion causes some children to be deprived of a permanent placement with a family that is best suited to their needs."

If only voters in other states could be so wise.

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