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Court Rules Florida Gay Adoption Ban is Unconstitutional

September 23rd, 2010   No Comments   Adoption, Court Cases

A Miami appeals court ruling that Florida’s 33-year-old ban on gay adoptions is unconstitutional is certain to heighten discussion among adoption supporters, advocates of foster children, and others who have argued for and against the law — the only such ban in the country.

As reported in the South Florida Sun-Sentinel, a cultural flashpoint was ignited Wednesday when a Miami appeals court ruled that Florida’s 33-year-old ban on gay adoptions is unconstitutional. The ruling only affects Miami-Dade and Monroe counties.

“It’s about time Florida enters the 21st century and starts looking out for its children rather than paying heed to extremist political views,” said Allan Barsky, a professor at Florida Atlantic University in Boca Raton, who lives with his partner Greg Moore and daughter Adelle, 7, in their Fort Lauderdale home.

The social fault line was stirred by the 3rd District Court of Appeals, which upheld a lower judge’s ruling allowing a North Miami gay man and his partner to adopt two young brothers. In a 28-page opinion, a three-judge panel said Florida’s ban on gays adopting was unconstitutional because it singled out gays as unfit parents. Judge Gerald Cope, who wrote the opinion, said there was no evidence to show gays were less effective than heterosexual parents. Read the Entire Story Here.

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