Adoption ban disputed
Florida’s strict ban on adoption by gay people is unconstitutional because no other group, even people with criminal backgrounds, are singled out for a flat prohibition by state law, an appeals court ruled.
The ruling by the 3rd District Court of Appeal upholds a 2008 decision by a Miami-Dade County judge who found “no rational basis” for the ban when she approved the adoption of two young brothers by Martin Gill and his male partner. The prohibition was first enacted in 1977 and is the only law of its kind in the U.S., according to court records. In its opinion, the appellate court noted that gay people are permitted to become foster parents or legal guardians in Florida.
After the ruling, Gov. Charlie Crist announced he would cease enforcing the adoption law and would confer with the adoptive father at the center of the case before deciding whether the state would appeal.