Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

Gay Men Lose Challenge to Florida Gay Adoption Ban
AP ^ | 01/28/04 | AP

Posted on 01/28/2004 6:27:16 PM PST by Kieri

Gay Men Lose Challenge to Florida Gay Adoption Ban

By Catherine Wilson Associated Press Writer Published: Jan 28, 2004

MIAMI (AP) - Four gay men lost a federal challenge Wednesday to the only blanket state law banning homosexuals from adopting children, a statute passed at the height of Anita Bryant's anti-homosexual campaign. The 11th U.S. Circuit Court of Appeals ruled against the men, who are foster parents seeking to adopt children in their care despite the 1977 law.

"Obviously we're crushed," said Paul Cates with the American Civil Liberties Union's Lesbian and Gay Rights Project.

Gov Jeb Bush said he was "pleased" by the ruling. It validates Florida's contention "that it is in the best interest of adoptive children, many of whom come from troubled and unstable backgrounds, to be placed in a home anchored both by a father and a mother," he said in a statement.

Florida is the only state in the nation with a complete ban on adoption by gays, whether married or single. The law linked to the movement led by Bryant has withstood several challenges in state court.

Florida argued the state has a right to legislate its "moral disapproval of homosexuality" and its belief that children need a married parent for healthy development.

"We exercise great caution when asked to take sides in an ongoing public policy debate," Judge Stanley Birch wrote in the unanimous decision by the three-judge panel. "Any argument that the Florida Legislature was misguided in its decision is one of legislative policy, not constitutional law."

Mathew Staver, president of Liberty Counsel, a conservative civil liberties legal group, hailed the decision. "In this age of judicial activism, it is refreshing to see a court assume its proper role and allow the people to set family policy," he said.

An after-hours call to the attorney who argued the state's case was not immediately returned.

The decision comes as states react to court rulings favoring gay marriage and a Supreme Court decision in June striking down laws criminalizing gay sex.

"We think the court is wrong in thinking that the Constitution lets the government assume that sexual orientation has anything to do with good parenting," the ACLU's Cates said.

The ACLU expects to take at least a week before deciding how to proceed. It could ask the full appeals court to consider the issue.

Edward Schiappa, a University of Minnesota law professor who follows gay rights issues, believes the case is destined for Supreme Court review next year. He believes the state will have a hard time defending the law there because of its inconsistent policy allowing gay foster parents while banning gay adoptive parents.

"This has become an extraordinarily hot political button," he said.

AP-ES-01-28-04 2053EST


TOPICS: Culture/Society; Government; US: Florida
KEYWORDS: aclu; atriskchildren; catholiclist; children; culturewar; florida; homosexualadoption; homosexualagenda; mediabias; prisoners; qualifications; sexualdeviants; sodomites
Navigation: use the links below to view more comments.
first previous 1-2021-38 last
To: Kieri
"We think the court is wrong in thinking that the Constitution lets the government assume that sexual orientation has anything to do with good parenting," the ACLU's Cates said.

It's not just our constitution, it's 5000 years of civilization that has made abundantly clear the fact that a two parent, male and female household is the best place to raise stable families.

21 posted on 01/28/2004 9:58:26 PM PST by SuziQ
[ Post Reply | Private Reply | To 1 | View Replies]

To: GladesGuru
The original members ofthe ACLU were all card carrying
communists.
22 posted on 01/29/2004 12:50:39 AM PST by .45MAN ("I am what I am because of what I am")
[ Post Reply | Private Reply | To 5 | View Replies]

To: Herodotus
I would rather have two gay men adopt and raise to a proper conservative Christian manhood an otherwise forgotten boy than Britney Spears and her flavor of the month marry, divorce, marry, divorce, reproduce, abandon and forget about children. At least _some_ group of people is thinking about all the children in this country.

That is the most stupid reasoning I have ever seen. It does not give a pass to homosexuals just because there's disfunction in some "normal" people. Disfunctional people shouldn't be able to adopt either.

23 posted on 01/29/2004 1:04:32 AM PST by JudyB1938
[ Post Reply | Private Reply | To 19 | View Replies]

To: Herodotus
I would rather have two gay men adopt and raise to a proper conservative Christian manhood an otherwise forgotten boy

The problem is that two 'gay' men CANNOT raise a child to a proper conservative Christian manhood because they know NOTHING about proper Christian manhood.

If they were Christian then they wouldn't be practicing deviant sexual behaviors. If they were real men then they'd accept the fact that their behaviors are deviant and they'd seek to get cured of them.

Two 'gay' guys raising a boy only means that that boy is going to get molested. If the 'parents' don't molest him, their friends will.

For the safety of our children every 'homosexual' must be considered a child molester. After all, in the "Gay Report" 73% of male 'homosexuals' admitted to molesting children

24 posted on 01/29/2004 4:20:54 AM PST by John O (God Save America (Please))
[ Post Reply | Private Reply | To 19 | View Replies]

To: .45MAN
Philosophically, many still are.
25 posted on 01/29/2004 5:10:00 AM PST by GladesGuru (In a society predicated upon liberty, it is essential to examine principles - -)
[ Post Reply | Private Reply | To 22 | View Replies]

To: IronJack
In the SHeeples Republic of FloriDUH, it is an exceeding rare occurence for either the legal class or the political class to be able to perceive the obvious.

Sigh.
26 posted on 01/29/2004 5:12:59 AM PST by GladesGuru (In a society predicated upon liberty, it is essential to examine principles - -)
[ Post Reply | Private Reply | To 14 | View Replies]

To: Herodotus
No offence meant, but your argument seems to be a stalking horse fresh off the Socialism Spread.

The issue isn't whether Brittny or another such Hollyweird 'critteress de jour' and her choice of a mate ( term used loosely) would make better parents than a 'queer qouple'.

The issue is: Should the state be permitted to subject dependent minors to sociol-political experimentation where the risks are unknown, the benefits to the child are non-existant, and the potential for known and unknown negative impacts are significant?
27 posted on 01/29/2004 5:21:53 AM PST by GladesGuru (In a society predicated upon liberty, it is essential to examine principles - -)
[ Post Reply | Private Reply | To 19 | View Replies]

To: Kieri
What's one lost battle to the legion of slogging perverts who seek to get their hands on the youth of America?
28 posted on 01/29/2004 5:37:26 AM PST by JesseHousman (Execute Mumia Abu-Jamal)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Kieri
I didn't know until I heard about this that FL bars any gays from adopting.

Which is a good thing.
29 posted on 01/29/2004 5:41:00 AM PST by OXENinFLA
[ Post Reply | Private Reply | To 1 | View Replies]

To: IronJack
"...the state has a right to legislate its "moral disapproval of homosexuality"

Actually, that's the weak link.

It contradicts the fact that Florida allows for gay foster parents, and diverts the attention from the true argument, being that children who require foster homes, are best served by placement in a more mainstream family in order to promote stability, and gives the opposition the opportunity to argue that the State is legislating in its own self-interest, rather than in the interest of the child.

Argue in favor of the right of the child, rather than in favor of the right of the State.

30 posted on 01/29/2004 5:45:51 AM PST by Luis Gonzalez (The Gift Is To See The Trout.)
[ Post Reply | Private Reply | To 16 | View Replies]

To: Kieri
Maybe something more important that the ruling itself is that the opinon also made a strong statement against judicial activism:

"The legislature is the proper forum for this debate, and we do not sit as a superlegislature to award by judicial decree what was not achievable by political consensus," it said.

31 posted on 01/29/2004 8:06:16 AM PST by Between the Lines ("What Goes Into the Mind Comes Out in a Life")
[ Post Reply | Private Reply | To 1 | View Replies]

To: Kieri
"Any argument that the Florida Legislature was misguided in its decision is one of legislative policy, not constitutional law."

I almost fell out of my chair when I realized a judge wrote this. I am flabbergasted.

"We think the court is wrong in thinking that the Constitution lets the government assume that sexual orientation has anything to do with good parenting," the ACLU's Cates said.

I wonder if Cates wold think that guy in Germany who advertised for someone who wanted to be eaten, then ate him, could make a wonderful father.

Just remember, orientation is not a trait. There are thousands of ex-gays who say so.

Shalom.

32 posted on 01/29/2004 9:27:05 AM PST by ArGee ("America will never seek a permission slip to defend the security of our people." - George W. Bush)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Herodotus
I would rather have two gay men adopt and raise to a proper conservative Christian manhood an otherwise forgotten boy than Britney Spears and her flavor of the month marry, divorce, marry, divorce, reproduce, abandon and forget about children. At least _some_ group of people is thinking about all the children in this country.

Those aren't the only two choices (assuming two gays could raise to a "proper conservative Christian manhood."

Homosexuality is a mental illness. We should not knowingly give children to the mentally ill.

Shalom.

33 posted on 01/29/2004 9:30:15 AM PST by ArGee ("America will never seek a permission slip to defend the security of our people." - George W. Bush)
[ Post Reply | Private Reply | To 19 | View Replies]

To: Kieri
Florida is the only state in the nation with a complete ban on adoption by gays, whether married or single.

Married?

34 posted on 01/29/2004 9:33:57 AM PST by tuesday afternoon
[ Post Reply | Private Reply | To 1 | View Replies]

To: Kieri
Thank God.

All gay adoption is child abuse.

35 posted on 01/29/2004 9:36:04 AM PST by Dr. Eckleburg (There are very few shades of gray.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Pikachu_Dad
...anti-homosexual campaign.

Typical liberal reporting. Load up the bias in the story. It could just as easily been written "...pro-family campaign."

36 posted on 01/29/2004 2:50:58 PM PST by 69ConvertibleFirebird
[ Post Reply | Private Reply | To 2 | View Replies]

To: Luis Gonzalez
The important point is that the COURT ruled that the state has that right. In other words, the state, acting as the agent of the collective, has the right to LEGISLATE the values of the collective, and to have those values enforced! That is not a right the judiciary has recognized often in the last few decades.
37 posted on 01/29/2004 2:59:35 PM PST by IronJack
[ Post Reply | Private Reply | To 30 | View Replies]

To: GladesGuru
"The issue is: Should the state be permitted to subject dependent minors to sociol-political experimentation where the risks are unknown, the benefits to the child are non-existant, and the potential for known and unknown negative impacts are significant?"

hmm...well, two professional men who can provide a safe home for a child seems a lot better than an abusive heterosexual couple interested only in the money. Take the story about the couple in New Jersey that starved their male charges; or the story of Antone Fisher.

Would any of you stand up to stop Britney Spears from adopting a child if she felt like it, even if she were not married and were still living the life she is? I think not.
38 posted on 01/30/2004 6:58:55 AM PST by Herodotus
[ Post Reply | Private Reply | To 27 | View Replies]


Navigation: use the links below to view more comments.
first previous 1-2021-38 last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson