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End gay adoption ban
Posted by Administrator
He's 12 years old. He lives in Key West. He likes to fish and go to the beach. As his teacher says, he doesn't like schoolwork, but he's begun "looking at the girls." Nothing unusual about that, right?
No, unless you consider that this is the boy whom a gay Monroe County man wanted to adopt. A cruel, cowardly 31-year-old Florida law prevents homosexuals from adopting. But this man, who for seven years has been the boy's foster parent and guardian, challenged the law as unconstitutional. Last week, Judge David Audlin agreed. Barring an appeal by the state, the boy who asked the plaintiff, "Will you be my daddy?" will get his wish.
Neither the attorney general's office nor the Department of Children and Families intervened. If only the Legislature had been more sensible in 1977, when Tallahassee ran scared during a nasty anti-gay rights campaign in Miami-Dade County. After a "debate" that featured a Polk County senator telling gays to "get back in the closet," the Legislature passed the most restrictive adoption ban in the country, and then-Gov. Reubin Askew signed it.
In 2004, several gay men challenged the ban in federal court. The challenge failed on a 6-6 vote of the 11th U.S. Circuit Court of Appeals, with the judge who wrote the prevailing opinion saying that if he were in the Legislature, he would vote to overturn the ban. This court ruling should spur a new Legislature to take the law off the books.
Ideally, adoptive children would go to two loving, heterosexual parents. But the children whom homosexuals have tried to adopt are the hardest to place. The boy in the Key West case has a learning disability, and spent two years on the state adoption list. But as a social worker observed, the churchgoing plaintiff and his partner have an "appropriate relationship" to raise the child. This ban has more to do with hurting homosexuals than helping children. Why deprive a boy of a father?
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