VICTORY: Florida Law Barring Gay People from Adopting Ruled Unconstitutional

Today a Florida circuit court today struck down a state law that bars lesbians and gay men from adopting (see yesterday's blog post for more about the case). The court granted adoptions to our client Martin Gill, a North Miami resident who, along with his partner, has been raising two foster children since 2004.

The court ruled that the ban violated the equal protection guarantees of the state constitution because it singles out gay people and children raised by gay people for different treatment for no rational reason. The court also found that the ban denies children the right to permanency provided by federal and state law under the Adoption and Safe Families Act of 1997.

The court’s decision comes after a four-day trial in October where the court heard from experts on children’s health and development and the justifications offered by the state for the ban. In reaching its decision, the court rejected the false assumptions and stereotypes about gay people that the state offered to justify the ban, holding that many “reports and studies find that there are no differences in the parenting of homosexuals or the adjustment of their children. These conclusions have been accepted, adopted and ratified by the American Psychological Association, the American Psychiatry Association, the American Pediatric Association, the American Academy of Pediatrics, the Child Welfare League of America and the National Association of Social Workers. As a result, based on the robust nature of the evidence available in the field, this Court is satisfied that the issue is so far beyond dispute that it would be irrational to hold otherwise; the best interests of children are not preserved by prohibiting homosexual adoption.”

Gill and his partner of more than eight years became foster parents to the two boys on December 11, 2004. The couple, who had been parents to seven other foster children over the years, was initially told that the placement would be temporary, but a plan to place the kids with their grandmother fell through. Both boys had significant health problems when they arrived in the home. The older boy, who was four at the time, was withdrawn and didn’t speak. Today both boys are healthy, have lots of friends and are doing well in school. The older boy started out behind educationally and had to repeat the first grade, but with the couple’s help, he has progressed significantly.

Here’s a video of Gill explaining how the ban has harmed his two boys:

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For additional information about the case, including copy of today’s decision and a copy of the trial transcript, visit Want to learn more about the rights of LGBT parents? Get Busy, Get Equal!

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Wonderful, wonderful news! Prop 8 will be challenged and defeated, I believe.

Those that seek to defend "traditional" marriage have much to learn.

"The religious right “family values” defenders of marriage as a religious institution reserved for one man and one woman might be surprised at the real history of marriage under Christianity."


Sorry, I conflated two subjects.

I meant to indicate that this victory in Florida will, I believe, help propel successful challenges to Prop 8.



I am beside myself that the ban initially passed in the first place. I'm disheartened that in 2008, there are people who still think it's okay to discriminate against a community simply because they're afraid of what's not in their protective bubble of a life. Will the misinformed ever realize we're not monsters out to convert their children, steal their wives and get the famed toaster oven for doing so? The victory today has ever-so-slightly restored a bit of my faith in humanity.

Liberal hater

The radical left like ACLU and PFAW support this kind of activism as long as it supports their liberal causes.
This decision will be overturned by the appeals court. So enjoy your temporary victory.

Jesus Christian

Thank the Lord Jesus! As a Christian I am thankful that this judge truly understood the values that Jesus taught regarding loving and caring for children!

John Davis

Anyone who thinks it's OK for a gay couple to "adopt" children doesn't understand children. Children are very rarely sweet and innocent as they may appear to be.

They can be very cruel.

When I was 10 years old, the father of one of the children in our class committed suicide by jumping off Clifton Suspension Bridge. His nickname became "Cliff."

I can easily imagine the "fun" they would have with a child who had been "adopted" by same sex "parents."

They'd rip him apart.

John Davis


Liberal Hater:'re a lawyer, a judge, a constitutional scholar? You must be wise to be able to recognize "JUDICIAL ACTIVISM" (I can shout too) when you see it.

Or...would it be more accurate to say you simply shout "JUDICAL ACTIVISM" because the court disagrees with your personal ideology?

I'm also glad to know up-front that you hate me. Makes our relationship much simpler that way, doesn't it?



I have always tried to let others choose to live the life they desire without any misgivings. But being a minister of the Gospel of Jesus Christ, I can't help but wonder how your organizations leaders and followers will answer to Jesus on the subject of same-sex marriage, since this is not the plan God, the Father started in the Garden of Eden, with Jesus Christ, the Son and the Holy Spirit being present, at that union. Had God saw that it would be better for Steve and Bob, or Jane and Mary to be the marriage couple He envisioned, He would have started it then. However, as we are living within the last days before Christ does return for His true follower, how sad that day will be when many of the commenters of the gay, lesbian and transgender communities will feel the wrath and indignation of God, because the choose to follow the creature rather than the Creator. Hell is real, so is Satan. And he wants as many humans as possible to follow him into the hell that was just built for him and the other rebellious angels. Since God didn't create hell for men, men only send themselves to hell when the choose not to listen to the Spirit of the Lord concerning the choices they make. I encourage everyone to read Romans Chapter 1, and let the Holy Spirit of God give you the truth concerning the meaning of what He inspired the Apostle Paul to write. As I tell other, you don't have to listen to me or to heed my warnings. But know this, the day will come when you will find out the truth from the giver of truth, because there is no lie in Him and He changes not.


Seems to me that people should be more concerned about the children being abused in straight homes, than having children raised in tolerance and affirmation in a gay home.


Dear Liberal hater:
Can you name one minority group whose rights were legitimized at the state level? I didn't think so. Unless you are a minority, you will never understand the pain of your destiny being dictated by people who are just as flawed as you are or truly appreciate the necessity of the judiciary. One more thing: Are you willing to adopt abandoned/unwanted/misplaced children? Instead of brooding, I encourage you to celebrate the fact that thousands of children will now be permitted to be adopted into loving homes. Happy Thanksgiving!


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