FL Appeals Court: Anti-Gay Adoption Law Violates Equal Protection
I was in South Florida when the extreme right-wing fanatics led by Anita Bryant fought tirelessly spreading lies and exaggerations to bring about this odious law. Anita Bryant must be one very pissed woman today…not only did she eventually find that her ex-husband was suspected to be gay but she brought herself so much negative publicity that all the sponsors that she represented dropped her like a hot potato. She is still involved in class war issues and will make appearances periodically to pander to the Evangelical base of the Republican Party.
Anita Bryant’s rants have not changed all these years…she is still claiming that “we have to protect the children” when in reality, this odious law does just the opposite.
Today we find that by a unanimous decision, an appeals court has upheld a Miami judge who ruled that Florida's anti-gay adoption ban is unconstitutional.
The Third District Court of Appeals three-judge panel agreed with Miami Judge Cindy Lederman who ruled in 2008 that there is "no rational basis to prohibit gay parents from adopting" and that the law violates equal protection rights for the children and their prospective gay parents.
The opinion reads in part:
"We affirm the judgment of adoption, which holds subsection 63.042(3), Florida Statutes, violates the equal protection provision found in article I, section 2, of the Florida Constitution."
"Given a total ban on adoption by homosexual persons, one might expect that this reflected a legislative judgment that homosexual persons are, as a group, unfit to be parents," the opinion states.
"No one in this case has made, or even hinted at, any such argument. To the contrary, the parties agree 'that gay people and heterosexuals make equally good parents.'"
You can read the full decision here.
This is an historic day but the fight is not over yet. The case may now head to the Florida Supreme Court and anti-gay extremists are expected to seek a ballot measure putting this discrimination into the state Constitution. Equality Florida will continue working with our team across the state to be ready to defend this victory.
What a phenomenal day for Martin Gill and his family who have challenged this ban head on. A big congratulations to the legal team at the ACLU of Florida who worked so hard on 
this case. Thank you to all the Floridians who have helped to expose the bigotry of this ban.
