when they fired up the largest proton smasher – a black hole happened as expected.. look what happen in florida to prove it!
Florida’s gay adoption ban ruled unconstitutional
Sep. 09, 2008
BY CAROL MARBIN MILLER
A Monroe Circuit Court judge has ruled Florida’s 31-year-old gay adoption ban ”unconstitutional” in an order that allows an openly gay Key West foster parent to adopt a teenage boy he has raised since 2001.
Declaring the adoption to be in the boy’s ”best interest,” Circuit Judge David J. Audlin Jr. said the forbidding gay people from is contrary to the because it singles out a group for punishment.
Florida is one of only two states — the other is Mississippi — that forbids gay people from adopting.
Circuit judges in Florida have found the statute unconstitutional twice before, both in 1991, but both challenges stalled. A Miami case expected to be heard next month may provide an additional challenge to the law.
At the heart of the Monroe case is a 13-year-old boy with learning disabilities and special needs who has lived in his Key West foster father’s two-story home since the Department of Children & Families placed him there in 2001. The boy is identified as John Doe. The father, 52, is not identified.
Audlin appointed the foster father as guardian for the boy in 2006. At a recent hearing, the boy testified he wanted the man to be his ”forever father” — like all the other kids had — ”because I love him,” the order says.
A home study by a social worker ”highly” recommended the guardian and his partner be allowed to adopt the boy, saying the two men provided a ”loving and nurturing home,” provided ”fair and consistent” discipline and are financially secure, the order says.
Miami attorney Alan Mishael, who represents John Doe’s guardian, declined to discuss the ruling, since Audlin has not yet published it formally. He said the ruling is less about public policy than the welfare of a former foster child who wants a father of his own.
”This is a case about a young man who already had a permanent guardian but wanted to have a father,” Mishael said. “That’s what the case is about. That’s all it’s about.”
In the ruling, the judge noted that the statute was passed by lawmakers in 1977 amid a politically charged campaign to, as one lawmaker at the time put it, send gay people ”back into the closet.” Audin said the law violates the Constitution’s separation of powers by preventing and judges from deciding case-by-case what is best for a child.
”Contrary to every child welfare principle,” Audlin wrote, ”the gay adoption ban operates as a conclusive or irrebuttable presumption that . . . it is never in the best interest of any adoptee to be adopted by a homosexual,” Audlin wrote.
In 1991, a Key West judge tossed out the anti-gay adoption statute as a violation of privacy and equal protection, but the ruling never was published or appealed.
That same year, a Sarasota Circuit judge declared the law unconstitutional, citing the earlier case. But two years later, an appeals court in Lakeland reversed the decision, involving a man named James W. Cox who had been told he could not adopt a foster child. The Florida Supreme Court agreed with the Lakeland court in 1995.
State law does not preclude gay men and lesbians from fostering abused and neglected children. John Doe’s guardian has cared for 32 children who were in DCF custody, the order says.
DCF Secretary George Sheldon said his agency took no position on the Key West adoption because the boy already had been placed in a permanent guardianship with his foster father, essentially stripping DCF of authority over family decisions. ”We were not a party, and we are still not a party,” he said.