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Family Law Div. asks FL Bar permission to lobby end of FL adoption by "gays" ban Dec. 10(FREEP!)
Florida Bar ^ | December 2004 | Florida Bar News Staff

Posted on 12/06/2004 7:03:20 AM PST by longtermmemmory

=begin excerpt=

The issue over the state’s statutory ban on gay adoption was raised by the Family Law and Public Interest Law sections. They want the law repealed and the state to adopt a best-interest-of-the-child standard.

The request was considered by the Bar’s Legislation Committee in August which asked the sections to postpone their request after committee members expressed concern the matter raised deep philosophical and emotional divisions within the Bar. That’s one of the few grounds the Bar can use to deny a section’s lobbying request.

At the time, the Equal Opportunities Law Committee and the Legal Needs of Children Committee endorsed the two sections’ position, and the Legislation Committee asked that other sections be approached, and questioned about whether they saw the issue as divisive.

Since then, the Elder Law Section and the Florida Association for Women Lawyers have added their support. The Young Lawyer Division Board of Governors also debated the issue at its November 5-6 meeting and recommended not allowing the sections to lobby the issue because of divisiveness (see story above).

Opponents, who have largely contacted Bar leaders and written letters-to-the-editor to the Bar News, generally contend that the gay adoption issue is a moral issue and hence not appropriate for Bar action. They also say that even if the sections, as required, specify only they and not the Bar at large are advocating for the repeal, their position will still carry the imprimatur of the entire Bar.

The sections contend that gay adoptions are supported by at least 11 germane mainstream organizations, including the American Medical Association and the American Psychiatric Association. They also note that academic studies have concluded there is no harm done to children when they are adopted by gay parents.

The board will review five sets of rule amendments as this year’s two-year-cycle procedural rule reviews: small claims, probate, civil procedure, family law, and judicial administration.

=end excerpt=


TOPICS: Constitution/Conservatism; Culture/Society; US: Florida
KEYWORDS: aba; abuse; adoption; agenda; apa; bar; child; children; father; florida; gay; glsen; homosexual; homosexualagenda; hrc; lawyer; marriage; mother
On December 10, 2004 the Florida Bar Board will again be petitioned to sanction the lobbying efforts of homoadvocates for the overturn of Florida's prohibition of homosexuals adopting children.

The prohibition has withstood all court challenges in state and federal court.

IN THEORY the voluntary divisions do not use member dues (and their various members have given support to same goal organizations outside the bar), HOWEVER the "blessing and sanction" of the Florida Bar will give gravitas to the homo-advocates.

The Board of Governors is the governing body of The Florida Bar. The 52-member Board consists of the president, president-elect, the president and president-elect of the Young Lawyers Division, representatives elected by members of the Bar from each of the state's 20 judicial circuits, four out-of-state members, and two public members (nonlawyers) appointed by the Supreme Court of Florida

The emails that I have are: president@flabar.org and the following contact employees:

Board of Governors: Standing Board Policies Paul Hill phill@flabar.org

Rebecca Burke rburke@flabar.org

All Others

Tina Ruffin mruffin@flabar.org X5759

BOG Members Listed Alphabetically

2004-2005

Kelly Overstreet Johnson, President Broad & Cassel Post Office Box 11300 Tallahassee, Florida 32302-3300 (850)681-6810 Fax: (850)681-9792

Alan B. Bookman, President-elect Emmanuel, Sheppard & Condon Post Office Box 1271 Pensacola, Florida 32596-1271 (850)444-3836 Fax: (850)434-7163

(Alpha Order)

Francisco R. Angones (11-01) Ninth Floor, Concord Building 66 West Flagler Street Miami, Florida 33130 (305)371-5000 Fax: (305)371-3948

Solomon L. Badger (PM-01) 6733 Marion Ct. S. Jacksonville, Florida 32216-2826 (904)727-3473 Fax: (904)725-3402

Kimberly A. Bald (12-01) Harllee & Bald, PA 1227 9th Avenue West Bradenton, Florida 34205-7326 (941)744-5537 Fax: (941)744-5547

Jerald S. Beer (15-02) Boose, Casey, et al. 515 N. Flagler Drive, Suite 1800 West Palm Beach, Florida 33401 (561)832-5900 Fax: (561)820-0389

Alan C. Brandt, Jr. (17-01) Ferencik Libanoff Brandt & Bustamante 150 South Pine Island Road, Suite 400 Fort Lauderdale, Florida 33324-2667 (954)474-8080 Fax: (954)474-7343

Robert M. Brush (10-01) Brush & Pujol, P.A. 825 East Main Street Lakeland, Florida 33801 (863)603-0563 Fax: (863)603-0884

Brian D. Burgoon (OOS-04) Sutherland, Asbill & Brennan, LLP 999 Peachtree Street, N.E., Suite 2300 Atlanta, Georgia 30309-3996 (404)853-8514 Fax: (404)853-8806

Steven Chaykin (11-08) Zuckerman Spaeder, L.L.P. 201 S. Biscayne Blvd., Ste. 900, Miami Center Miami, Florida 33131-4326 (305)358-5000 Fax: (305)579-9749

Jennifer R. Coberly (11-04) Zuckerman, Spaeder, L.L.P. 201 S. Biscayne Blvd., Ste. 900 Miami, Florida 33131-4326 (305)579-0110 Fax: (305)579-9749

Ian M. Comisky (OOS-02) Blank, Rome, Comisky & McCauley One Logan Square Philadelphia, Pennsylvania 19103-6998 (215)569-5646 Fax: (215)569-5350

Henry T. Courtney (11-05) Courtney Law Firm 7206 S.W. 59th Avenue Miami, Florida 33143 (305)358-1057 Fax: (305)662-9212

Henry M. Coxe, III (04-02) The Bedell Building 101 East Adams Street Jacksonville, Florida 32202 (904)353-0211 Fax: (904)353-9307

J. Blair Culpepper (PM-02) 369 North New York Avenue Winter Park, Florida 32789 (407)622-5000 Fax: (954)920-2711

Jesse H. Diner (17-04) Atkinson, Diner, Stone, et al. 1946 Tyler Street Hollywood, Florida 33020 (954)925-5501 Fax: (954)920-2711

Russell W. Divine (09-02) Divine & Estes P.O. Box 3629 Orlando, Florida 32802-3629 (407)426-9500 Fax: (407)426-8030

Mayanne Downs (09-01) King, Blackwell & Downs, P.A. Post Office Box 1631 Orlando, Florida 32802-1631 (407)422-2472 Fax: (407)648-0161

Charles Ebbets (07-01) Ebbets Armstrong & Traster 210 South Beach Street, Suite 200 Daytona Beach, Florida 32114 (386)253-2288 Fax: (386)257-1253

Michael J. Faehner (YLD) McFarland Gould Lyons et al 311 South Missouri Avenue Clearwater, Florida 33756 (727)461-1111 Fax: (727)461-6430

Michael J. Glazer (02-02) Post Office Box 391 Tallahassee, Florida 32302-0391 (850)425-5474 Fax: (850)222-7560

Ervin A. Gonzalez (11-03) Colson Hicks Eidson, et al. 255 Aragon Ave., 2nd Floor Coral Gables, Florida 33134-5008 (305)476-7400 Fax: (305)476-7444

Ross Goodman (01-01) 3600 Menendez Drive Pensacola, Florida 32503 (850)434-8197 Fax: (850)436-6165

Nancy W. Gregoire (17-02) Bunnell, Woulfe, Kirschbaum, et al 100 SE 3rd Ave., One Financial Plaza, 9th Fl. Fort Lauderdale, Florida 33301 (954)468-7316 Fax: (954)525-2134

Scott G. Hawkins (15-03) Jones, Foster, Johnson & Stubbs, P.A. 505 South Flagler Drive, Suite 1100 West Palm Beach, Florida 33401 (561)650-0460 Fax: (561)832-1454

Benedict P. Kuehne (11-07) Sale & Kuehne 100 S.E. 2nd Street, Suite 3550 Miami, Florida 33131-2150 (305)789-5989 Fax: (305)789-5987

Sharon L. Langer (11-06) Dade Co. Legal Aid Society 123 N.W. 1st Ave., Ste. 117 Miami, Florida 33128-1817 (305)579-1024 Fax: (305)372-7693

Henry Latimer (17-03) Greenberg, Traurig 401 East Las Olas, Suite 2000 Fort Lauderdale, Florida 33301 (954)468-1729 Fax: (954)765-1477

Gary J. Leppla (OOS-03) 2100 South Patterson Boulevard P.O. Box 612 Dayton, Ohio 45409-0612 (937)294-5959 Fax: (937)294-4411

Warren W. Lindsey (09-03) Kirkconnell, Lindsey, Snure & Yates, P.A. Post Office Box 2728 Winter Park, Florida 32790-2728 (407)644-7600 Fax: (407)645-0805

J. Christopher Lombardo (20-01) Woodward, Pires & Lombardo 3200 Tamiami Trail North, Suite 200 Naples, Florida 34103 (239)649-6555 Fax: (239)649-7342

James S. Lupino (16-01) Hershoff, Lupino & Mulick 90130 Old Hwy. Tavernier, Florida 33070-2348 (305)852-8440 Fax: (305)852-8848

Clifton A. McClelland, Jr. (18-01) McClelland, Jones & Lyons, L.C. 1901 S. Harbor City Blvd., Suite 500 Melbourne, Florida 32901 (321)984-2700 Fax: (321)723-4092

Harold G. Melville (19-01) Melville & Sowerby 2940 South 25th Street Fort Pierce, Florida 34981-5605 (772)464-7900 Fax: (727)464-8220

Jamie B. Moses (YLD) Fisher, Rushmer, Werrenrath, et al 20 N. Orange Avenue, Suite 1100 Orlando, Florida 32801 (407)843-2111 Fax: (407)422-1080

Gregory S. Parker (03-01) Post Office Drawer 509 Perry, Florida 32348-0509 (850)223-1990 Fax: (850)223-1991

William H. Phelan, Jr. (05-01) Bond Arnett Phelan Smith & Craggs, P.A. P.O. Box 2405 Ocala, Florida 33474-4132 (352)622-1188 Fax: (352)622-1125

A. Lawrence Ringers (20-02) Henderson, Franklin, Starnes & Holt, P.A. Post Office Box 280 Fort Myers, Florida 33902-0280 (941)334-4121 Fax: (239)334-4100

David B. Rothman (11-02) Thornton & Rothman 200 S. Biscayne Blvd., Ste. 2690 Miami, Florida 33131-2310 (305)358-9000 Fax: (305)374-5747

John F. Rudy, II (13-02) Bush Ross Gardner, et al. 220 South Franklin Street Tampa, Florida 33602-5330 (813)224-9255 Fax: (813)223-9620

Robert A. Rush (08-01) 726 Northeast First Street Gainesville, Florida 32601 (352)373-7566 Fax: (352) 376-7760

Clifford W. Sanborn (14-01) Barron, Redding, Hughes, et al Post Office Box 2467 Panama City, Florida 32402-2467 (850)785-7454 Fax: (850)785-2999

Andrew B. Sasso (06-01) Sasso & Bodolay, P.A. 2600 McCormick Drive, Suite 240 Clearwater, Florida 33759 (727)725-4829 Fax: (727)725-4938

Lawrence E. Sellers, Jr. (02-01) Holland & Knight 315 S. Calhoun St., Ste. 600 Tallahassee, Florida 32301 (850)425-5671 Fax: (850)222-8185

Murray B. Silverstein (06-02) Murray B. Silverstein, PA 1 Progress Plaza, Ste. 2200 St. Petersburg, Florida 33701-4323 (727)822-7750 Fax: (727)822-1855

Amy Smith (15-04) Walton Lantaff Schroeder & Carson 1700 Palm Beach Lakes Blvd., Fl. 7 West Palm Beach, Florida 33401 (561)689-6700 Fax: (561)689-2647

Timon V. Sullivan (13-01) Ogden & Sullivan, P.A. 113 South Armenia Avenue Tampa, Florida 33609-3307 (813)223-5111 Fax: (813)229-2336

Richard A. Tanner (OOS-01) 250 Bellevue Avenue Upper Montclair, New Jersey 07043-0760 (973)744-2100 Fax: (973)509-9521

Frank C. Walker, II (17-05) Stuart & Walker, P.A. P.O. Box 14004 Fort Lauderdale, Florida 33302-4004 (954)764-7676 Fax: (954)763-4856

S. Grier Wells (04-01) Akerman Senterfitt & Eidson, P.A. 50 North Laura Street, Suite 2500 Jacksonville, Florida 32202 (904)798-3700 Fax: (904)798-3730

John G. White, III (15-01) Richman Greer Weil Brumbaugh, et al. 250 Australian Avenue South, Ste. 1504 West Palm Beach, Florida 33401-5016 (561)803-3521 Fax: (561)820-1608

Gwynne Alice Young (13-03) Carlton Fields, PA 4221 W Boy Scout Blvd, Corp Ctr Three at Intl Plz Tampa, Florida 33602-3239 (813)223-7000 Fax: (813)229-4133

1 posted on 12/06/2004 7:03:21 AM PST by longtermmemmory
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To: All

LETTERS FROM LAWYERS TO BAR NEWS:


On graduating from law school in 1975, I was encouraged and enthusiastic to join the ABA, a voluntary organization with a long, distinguished history of assistance and advancement of lawyers and the profession. I served on committees and remained a member for 26 years.

Over that time, the ABA developed into a body that adopts and advocates positions on a plethora of disputed, political, social, economic, military, international, and religious issues. This is done, all the while taking and using the assessments of professional dues from its members, and even though on particular issues, the stances advanced by the ABA are inconsistent with the views of the large numbers of its members.

That the ABA appears to regard itself as possessing independent authority to formulate, enunciate, and advocate positions on such issues is an affront to its members who hold different views, and to those members who desire for the ABA to serve its members in their labors in the legal profession, not to champion partisan positions on disputed issues.

With cowardly timidity, in silence, I hung on and hung in. Meanwhile, other lawyers, with far greater stature and courage than I, long ago acted on their discernment and principles, and resigned. With some sadness and chagrin at myself, eventually I shook myself from my coma-like slumber, and followed their lead.

Now, The Florida Bar, a mandatory body for licensure to practice law in Florida, proposes to surpass the ABA, grinding salt into the wounds of members who neither agree with, nor wish for, The Florida Bar to take and advocate a position on such issues — most recently homosexual adoption.

It is flatly unacceptable for a professional body, purportedly devoted to the goal of improving the legal profession and assisting it members, to interject itself — with the compulsory membership and financial resources of those members — in urging particular positions on contested issues about which those members themselves have clashing points-of-view. I never desired to join the camaraderie of licensed attorneys in Florida for the requisite, organized body to advocate, articulate, and urge positions and political action on such issues, as if it spoke with authority and approval of its membership.

The astonishing fact is that, although there are ample organizations and bodies for each of us to join, contribute, participate, and advocate; that is neither enough, nor acceptable, for those who wish not only to capture The Florida Bar to their viewpoint, but also to push and coerce those who disagree into accepting the promulgation of that viewpoint from the mouth of The Florida Bar itself. The result is that the Bar organization becomes the vulnerable mouthpiece for whatever point-of-view can wrest control of the organization.

As an individual attorney, I am a follower of the Son of God, committed to practicing law in a way that uses intellectual acumen and professional skill to pursue “justice, mercy, . . . faithfulness, . . . and the love of God,” as He instructed. Matt. 23.23 and Luke 11.42. I have strong, solid positions on many issues. Doubtless, there are others who take opposing positions. Nevertheless, I do not expect – or desire – The Florida Bar to be an advocate or spokesman for the truths of the Christian faith. Neither can I accept that The Florida Bar has any business being an advocate or spokesman for positions that are repugnant to those truths.

Our cherished constitutional freedoms allow us, individually and collectively, to speak and write our viewpoints, to advocate and promote our positions, in the unrestrained competition of ideas and expression. We neither need, nor have any right, to seize independent, professional — and compulsory — organizations like The Florida Bar to do that, however. Let lawyers be lawyers; and if they also want to be a gay lawyer, a secularist lawyer, an atheist lawyer, or a Christian lawyer, they have the freedom to do that, without securing the imprimatur of the mandatory Bar.

((name removed))

Post election media assessment is declaring that it wasn’t just about economics, and only to some extent, was it about the war against terrorism; but, rather, the outcome hinged upon family values. The moral conscience of America has opened its eyes. Gay adoption, abortion, victim rights, and the panoply of other moral issues are now substantially influencing the voting public. The pendulum has passed its liberal amplitude and is now on its return swing toward equilibrium. Political parties will adjust or face destruction.

The Florida Bar, however, is not a political party. It must not lobby the cultural sentiments of its lawyers even if that persuasion would represent the majority of the membership; to do so would destroy the efforts of generations of lawyers. I agree with David Young’s letter of November 1. Those who would lobby the cultural issues “should not involve the rest of the lawyers who are constrained to be members of The Florida Bar in order to practice law.”

When the morass of public opinion has nothing to do with fundamental, constitutional rights, The Florida Bar should hold its tongue and await the decision of the people. Even if the majority of the membership believes a constitutional right is at issue, The Florida Bar must take care to speak only to the Constitution and not seek to represent the moral opinion of its members.

((name removed))

Regarding recent letters in News, it appears that some members of the Bar advocate a policy that places political ideology, personal fulfillment of gays/lesbians, and administrative convenience ahead of the social welfare of Florida’s children.

While the majority of those who write to oppose changing F.S. §63.042(3) bases its opposition upon the divisiveness of the issue rather than upon its merits, proponents of gay adoption implicitly associate those who advocate the status quo with unenlightened, knuckle-dragging Neanderthals. Yet contrary to what proponents of gay adoption would have us believe, the body of scientific literature that examines how children fare in gay/lesbian households reaches different conclusions regarding this issue. Could it be that the American Academy of Pediatrics and other publications have agendas of their own?

Research indicates that a married man and woman raising children together best ensures the welfare of the children. The God-given mother/father relationship is the proven framework by which relationships among mothers, fathers, and children are established and maintained. Current law is consistent with the cumulative experiences of Western civilization and the beliefs of all major world religions. The fact that single parents may legally adopt is no reason to change the law and use Florida’s children in a grand social engineering experiment. Moreover, the fact that a child is “welcomed into a loving home” does nothing to ameliorate possible long-term effects of abuse, neglect, or abandonment — a fact to which DCF case workers would attest.

Gay couples are inherently unstable because there is no marriage relationship. Since Florida does not recognize same-sex “marriages,” gay adoption cannot provide the stability and support that children need. However, altering §63.042(3) and implementing an “individualized assessment of all prospective adoptive parents” will surely result in increased instability and litigation — and who could possibly be in favor of that?

((name removed))


2 posted on 12/06/2004 7:05:23 AM PST by longtermmemmory (VOTE!)
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To: longtermmemmory

What a waste of my dues money.

Why should this surprise me, given that the most recent FL bar journals were filled with huge wasteful full-color multi-page spreads celebrating the personal lives of the bar president and the Chief Justice of Florida - I would guess because they are women.

Bar dues are a leftist racket - just like union dues.


3 posted on 12/06/2004 7:07:52 AM PST by Notwithstanding
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To: All
sorry the direct link did not appear on the first post:

The emails that I have are: president@flabar.org and the following contact employees:

Board of Governors: Standing Board Policies Paul Hill phill@flabar.org

Rebecca Burke rburke@flabar.org




Let them know how we all stand on this! Remember these are lawyers and they are looking for LEGAL arguments. Quoting biblical passages are wasted effort.


It is also apparent they are attempting to obscure the fact that science does NOT favor children being raised by homosexuals.

All Others

Tina Ruffin mruffin@flabar.org X5759
4 posted on 12/06/2004 7:08:25 AM PST by longtermmemmory (VOTE!)
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To: scripter

Ping list help would be appreciated thanks.


5 posted on 12/06/2004 7:10:15 AM PST by longtermmemmory (VOTE!)
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To: Notwithstanding

Which is why the Divisions which support this are bending over backwards to CLAIM no dues money will be used to support this divisive issue.

Of course this is uttle balderdash since a Board of Governor's sanction gives the PR sanction of the ENTIRE bar.

If you have time please send a brief comment of your objections to the board of governor committee emails.


6 posted on 12/06/2004 7:12:46 AM PST by longtermmemmory (VOTE!)
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To: little jeremiah

ping list assistance would be appreciated, thanks.


7 posted on 12/06/2004 7:16:24 AM PST by longtermmemmory (VOTE!)
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To: longtermmemmory

Oh yeah --- one gaggle of lawyers petioning another sty full of lawyers to change a law created by scumbag politician/lawyers - and it will be decided by even more of the same ilk --- judges who are (guess what?) LAWYERS themselves who rule for lawyers NOT for America.

What a load of crock designed to steal even more $$$$ from Americans.


8 posted on 12/06/2004 8:07:13 AM PST by steplock (http://www.outoftimeradio.org)
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To: longtermmemmory

Family "law" is about the most corrupt, pervasive, and deranged portion of the legal system. Generally, the bottom of the class bottom feeding scum sucking lawyers gravitate to family law.

They are the vile divorce peddling, child snatching, trash of the earth!!!

See the ANTI-DNC Web Portal at --->
http://www.noDNC.com


9 posted on 12/06/2004 8:07:44 AM PST by woodb01 (See the ANTI-DNC Web Portal at ---> http://www.noDNC.com)
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To: longtermmemmory

If it were not for these lawyers to begin with, our country would never had been in this pitiful state where deviants get to raise and pollute normal children.


10 posted on 12/06/2004 8:08:33 AM PST by steplock (http://www.outoftimeradio.org)
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To: steplock

Which is why there is a need to write to the Bar on this issue.

The standard is whether this is a divisive issue. If it is the Bar will stay out of this.

The homo-advocates are trying to usurp the bar.

As of right now, the FL Supreme Court and the Federal Courts (with the US SC refusing cert from the 11th) have upheld florida's adoption by homosexuals ban.

Please read the letters written by lawyers objecting to this posted above.


11 posted on 12/06/2004 8:13:19 AM PST by longtermmemmory (VOTE!)
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To: woodb01

Which is all the more reason to keep the FL Bar out of this political lobbying effort.


12 posted on 12/06/2004 8:14:41 AM PST by longtermmemmory (VOTE!)
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To: All

The Florida Bar Board of Governors will be meeting at the Ritz Carlton in Naples.

Generally such meetings are open to the membership. I don't know if commentary will be permitted.

Adress and Directions for Possible free action if anyone is local enough:

Ritz-Carlton
280 Vanderbilt Beach Road
Naples FL 34208

PHONE: 239-598-3300

fax:239-598-6690

DIRECTIONS:



FROM SOUTHWEST FLORIDA INTERNATIONAL AIRPORT FORT MYERS (45 Minutes)

Exit the airport terminal. Proceed to Daniels Road.
Turn left onto Daniels Road. Proceed to I-75.
Turn onto I-75 (South). Continue on I-75 (South) until you reach exit 111.
Take exit 111. Then turn right onto Immokalee Road (State Road 846). Proceed West until you reach the intersection of Immokalee Road and U.S. 41.
Turn left onto U.S. 41; proceed two and a half miles to the Vanderbilt Beach Road Intersection.
Turn right onto Vanderbilt Beach Road. Proceed west for one mile The Ritz-Carlton, Naples is located on the left hand side.



FROM POINTS NORTH

Turn onto I-75 (South). Continue on I-75 (South) until you reach exit 111.
Take exit 111. Then turn right onto Immokalee Road (State Road 846). Proceed West until you reach the intersection of Immokalee Road and US 41.
Turn left onto US 41 (South). Proceed two and a half miles.
At intersection of Vanderbilt beach road and US 41 turn right.
Proceed on Vanderbilt Beach Road for one mile. The Ritz-Carlton, Naples is located on the left-hand side.


13 posted on 12/06/2004 10:32:04 AM PST by longtermmemmory (VOTE!)
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To: ItsOurTimeNow

Ping list request


14 posted on 12/06/2004 12:22:18 PM PST by longtermmemmory (VOTE!)
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To: EdReform; backhoe; Yehuda; Clint N. Suhks; saradippity; stage left; Yakboy; I_Love_My_Husband; ...

Homosexual Agenda Ping.

Very important issue. Florida is one of the few states that outlaws "gay" adoptions and, AFAIK, foster parents. This should be across the board in every state. But is anyone surprised that a gaggle of lawyers also happen to be leftists and "gay" agenda pushers?

Sounds like it's fertile ground for some of the pro-active pro-family legal organizations. I hope they get involved.

Let me and ItsOurTimeNow know if anyone wants on/off this pinglist.

Note to Longterm: Keep us informed!


15 posted on 12/06/2004 4:14:09 PM PST by little jeremiah (What would happen if everyone decided their own "right and wrong"?)
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