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Family section takes new tack to support gay adoptions
Florida Bar Journal ^ | March 1, 2005 | Jan Pudlow, Senior Editor

Posted on 03/07/2005 12:58:26 PM PST by longtermmemmory

Family section takes new tack to support gay adoptions The bill would not strike the ban, but would skirt the law for gay foster parents By Jan Pudlow Senior Editor The Florida Bar’s Family Law Section Executive Council has unanimously voted to support a bill that would allow gay foster parents to adopt if it is in the best interest of the child.

Family Law Section Chair Evan Marks said it is his “hope and prayer that the Board of Governors will recognize the insanity of not allowing people who are already fostering these children” to give them permanent homes. Marks said he believes this issue is much less potentially divisive than his original failed request to lobby for the repeal of the gay adoption ban.

“What inspired it is the sheer injustice of these good people who have given so much to these children and cannot adopt,” Marks said of the bill.

There is no mention of sexual orientation in HB 633, with bi-partisan support among its co-sponsors: Rep. Sheri McInvale, D-Orlando, and Rep. Faye Culp, R-Tampa.

But the first line of the bill says “notwithstanding §63.042" — referring to Florida’s law banning gay adoption. Marks worked with McInvale in his personal capacity as an individual lawyer to help craft the bill.

In December, with a 31-13 vote, Marks lost an impassioned request before the Board of Governors to allow the Family Law, Equal Opportunities Law, and Public Interest Law sections to lobby for the repeal of the state law banning homosexuals from adopting. The majority of governors were persuaded to reject Marks’ plea because of a Bar rule that says if an issue “carries the potential for deep philosophical or emotional division among a substantial segment of the membership,” the section cannot be allowed to lobby for it.

But Marks stresses HB 633 does not seek to repeal Florida’s ban on gay adoptions, and he is only asking the board for permission for the section to support a bill that has already been filed.

“Everyone agrees that the prejudicial, bigoted language of the statute (gay adoption ban) written as the result of the Anita Bryant days should not and could not stand. However, because of our political climate, there is a very small likelihood of success,” Marks said. “Nobody wants to touch it. Everybody recognizes the problem, and the first thing we can do is allow foster parents to adopt. While it doesn’t solve the problem, it is certainly a step in the right direction.”

Of 42,000 foster children in Florida, many are currently cared for by gay and lesbian couples who are doing a great job and are paid by the state, according to Marks.

“A lot of these children are not adoptable. They are too old. They have illnesses. Many are HIV positive. As a result, they are fortunate to be in foster care with foster parents who are good, qualified, and loving,” Marks said.

“However, these same foster parents can’t adopt, and that’s wrong.”

HB 633 says a foster parent who has cared for a child for 36 months or more is eligible to adopt, and should be given first consideration by the court, if the foster parent has developed a bond with the child, has an excellent record of foster parenting with the child, and it is in the best interest of the child, among other factors.

McInvale told the Tallahassee Democrat: “Our law says you’re a good enough foster parent to take a kid in state custody, but you’re not a good enough parent for an adoption. This is a wrong that needs to be righted, after the [U.S.] Supreme Court refused to hear the Florida case in a challenge to the state law, because all of the plaintiffs in that case were foster parents.”

Culp said she agreed to co-sponsor the bill because, “It’s still going to be up to a judge.”

In the Senate, Sen. Nan Rich, D-Weston, filed a bill that is similar — SB 1534 — but will not require foster children to live 36 months with the foster parent because bonding can occur sooner. Her bill, she said, provides a two-prong test for judges: Determining by clear and convincing evidence that the petitioning adults are the child’s “parental figures” and if adoption is better for the child than continuing in foster care.

Marks said he sees “a great, great potential for this law to pass and be signed into law.”

As chair of the Family Law Section, he wants permission from the Bar to lobby legislators.

“I truly believe that the Board of Governors is made up of well-meaning people who are hardworking, volunteering their time in an effort to make The Florida Bar a great place to be,” Marks said.

“I believe, on this issue, the lack of information and education allowed good people to fall back on the way they were raised and their emotional beliefs, which have prevented some of them from looking at the big picture. I do believe, in reflecting on this issue, that many of the people of the Board of Governors have had a change of heart. . . .This gives me a good feeling of hope. I feel inspired. I feel my efforts should be redoubled. I have to tell you that, on behalf of the section, I want to work within the Bar to use the prestige and honor of the Bar, to be bold enough and courageous enough to take a difficult position for the right thing.”


TOPICS: Constitution/Conservatism; Culture/Society; Government; News/Current Events; Politics/Elections; US: Florida
KEYWORDS: abuse; adoption; agenda; child; children; father; florida; gay; homosexual; homosexualadoption; homosexualagenda; mother; pedophile; scandal; second
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To: longtermmemmory

I agree completely with the re-evaluation.

Whatever legal gymnastics a given court uses to reach the desired result lose luster when looked at through the cold hard lense of reality. (Mix metaphors much GG?)

In Foster Care, children who are vulnerable are exposed to homosexual parenting sure as those who are ultimately adopted. And often just as long, as those couples will continue to foster in the absence of adoption. We all know that many children are never adopted.

Can you point to any statistics regarding homosexual parenting or is that issue too hot to handle (wouldn't want the results to come out the "wrong" way!)


21 posted on 03/07/2005 8:12:12 PM PST by GatorGirl
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To: Nightshift

At the recent midyear meeting, the family law section members who want this travesty to go through believe ALL and the ONLY oposition to homosexuals on any level is STRICTLY religious.

If anyone lives in FL, you need to give the legislators a serious heads up on this.


22 posted on 03/07/2005 8:13:09 PM PST by longtermmemmory (VOTE!)
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To: GatorGirl

Study Finds Disproportionate Percentage of Illinois Foster Child Abuse is Same Sex

Tuesday, March 01, 2005

- Cal Skinner
CHICAGO - Every year, 1% of Illinois foster and subsidized-adoption children are molested and 3% are physically abused, according to an article published in the peer-reviewed publication, Psychological Reports.


More startling, perhaps, is that--over a six-year period--34% of the sexual molestations of these Department of Children and Family Services (DCFS)-placed girls and boys were homosexual in nature, committed by the persons approved as parents by DCFS.


In 2004, DCFS Spokesman Marjorie Newman told IllinoisLeader.com that DCFS does not "discriminate based on gender, race, sexual orientation, sexual preference. There is no law that says that a gay or lesbian person cannot adopt."


The March issue of Psychological Reports published 1997-2002 data analyzed by Dr. Paul Cameron, chairman of the Colorado-based Family Research Institute, a pro-family organization.


“It is likely that these rates apply to the nation’s estimated half million foster children,” he said. “What’s shocking, is that 34% of the molestations were homosexual.”


The DCFS information shows that 69% of sexual abuse by mothers was of their foster or subsidized-adoptive daughters. In contrast, 14% of the sexual abuse by fathers was of their foster or subsidized-adoptive sons.


“These new Illinois findings also suggest that a child’s risk of being molested is considerably higher when their parent engages in homosexuality,” according to Cameron.


According to the study, “Estimates of the proportion of adults who have engaged in homosexual sex in the past 12 months vary. The 1996 National Household Survey of Drug Abuse/CDC study estimated that 1.2% of those aged 18 to 59 reported sex with a member of their sex [no age specified] in the past 12 months, other estimates put the number at around 2-3%.”


Based on responses to Freedom of Information Act (FOIA) requests filed by IllinoisLeader.com last year, the information provided by DCFS seems to indicate that most sexual abuse of children was by foster fathers, but that foster mothers were responsible for over three-fourths of physical abuse.


Cameron's point is not that heterosexual abuse of children does not occur in the foster care setting but rather that homosexual abuse is disproportionate to their percentage in the general population.


“Professional societies are so taken with gay rights they are ignoring the evidence," said Cameron. "Just last year, the American Psychological Association (APA) declared opposition to ‘discrimination against lesbian or gay parents adoption, child custody and visitation, foster care and reproductive health services.'"


Cameron added, “How does the APA answer this new evidence?"


According to Cameron, Illinois was the first state to disclose these details about the abuse of its foster and adoptive children.


Every year, Illinois has about 60,000 children in 4,300 foster or adoption-subsidized homes.


For the 6-year period, after DCFS investigation, 966 parents were determined to have violated their charges. Of foster parents who engaged in both physical and sexual abuse, 8 of the 15 abused children of their sex.


According to a DCFS spokesman, the agency does not track the sexual orientation of prospective foster or adoptive parents. "We track our foster and adoptive parents on the basis of their being single or married. That’s it."


DCFS declined to speculate as to whether this information would lead the agency to reconsider its policies and procedures.


23 posted on 03/07/2005 8:18:18 PM PST by longtermmemmory (VOTE!)
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To: GatorGirl

If I read the article correctly they have to go back again to the Board of Governors.

But what they did this time was COORDINATE with the Family Law Section. Essentially, they adopted an outsourcing strategy with implausable deniability. A "private member" prepares a gutting of the adoption law, then the family law section petitions to support the "private member".

Ironically both speakers are one in the same. The KEY to this trick is the fact the proposed bill is intentially designed to not use the word homosexual as a means of deciet becuase the bill would be DOA.


24 posted on 03/07/2005 8:33:16 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.

If you want on/off the ping list see my profile page.

25 posted on 03/07/2005 8:43:03 PM PST by DirtyHarryY2K (''Go though life with a Bible in one hand and a Newspaper in the other" -- Billy Graham)
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To: longtermmemmory

Right, publicity might be the kiss of death on the Legislative level, if it's framed right.

Besides, people hate lawyers so much that if it just got out that the Bar is pushing it, it would be the death knell.

Thanks for the info. on the study. I'll pass it along. I'm not surprised that there is a dearth of information on this issue. Most would not WANT to study it, lest they uncover results contrary to a certain position.

Good night! GG


26 posted on 03/07/2005 8:51:08 PM PST by GatorGirl
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To: longtermmemmory

Well, we'll get socially conservative Republic senators into US Congress (for passing the Amendment), or our ruling Party members will get all Democrats, all the time.

Let families be families, or lose your private properties, folks, and bow to the likes of Hillary. We cannot keep a representative republic worth having without families.

We can't even keep an adequate defense without a society that allows traditional family in the workforce, as some are beginning to see.

Romanticists, you can't have your cake and eat it, too.


27 posted on 03/07/2005 9:01:05 PM PST by familyop ("Let us try" sounds better, don't you think? "Essayons" is so...Latin.)
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To: familyop

What is troubling is that the homoadvocates are desperate enough to resort to deception in a state that is essenially an all Republican legislature. They had to get a Rino out of tampa to promote homosexual adoptions to co sponsor the bill.

I can't believe the speaker of the house is allowing such deceptive bill naming.


28 posted on 03/07/2005 9:28:08 PM PST by longtermmemmory (VOTE!)
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To: longtermmemmory
BELIEVE IT -- THEY ARE COMING FOR THE CHILDREN
29 posted on 03/07/2005 9:33:39 PM PST by doug from upland (Ray Charles --- a great musician and safer driver than Ted Kennedy)
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To: longtermmemmory

Study finds disproportionate abuse by 'gays'
http://www.freerepublic.com/focus/f-news/1355028/posts

>>>> A six-year study of sexual abuse committed by foster parents in Illinois found a highly disproportionate percentage of the cases were homosexual in nature. <<<


Study shows link between homosexuality and pedophilia
http://www.freerepublic.com/focus/f-news/1331584/posts

>>>> A new study by Dr. Timothy J. Dailey and the Washington D.C.-based Family Research Council recently confirmed what police and psychiatrists have known for decades: a definitive link exists between male homosexuality and pedophilia <<<


30 posted on 03/08/2005 12:40:04 AM PST by quietolong
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To: quietolong

Unfortunatly these types of studies are known to the committees.

They choose to ignore them.


This is actually a two prong situation.

1. These lawyers are disregarding the directive of the FL Bar Board of Governors to do an end run around them and still lobby for homosexual adoption in the name of the Bar.

2. The lawyers are intentionally mislabeling a bill in order to prevent legislators from being informed that the bills are intended to legalize homosexual adoption. (see duck test)


31 posted on 03/08/2005 10:21:40 AM PST by longtermmemmory (VOTE!)
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To: DirtyHarryY2K

Thanks for the ping.


32 posted on 03/08/2005 12:39:02 PM PST by longtermmemmory (VOTE!)
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To: All

update on bill history for this back door effort to legalize homosexual adoptions currently illegal in FL:



Bill History:
Event Time Member Committee
1st Reading Tuesday, March 08, 2005 10:57 PM
Now in Future of Florida's Families Committee Friday, February 11, 2005 2:36 PM Future of Florida's Families Committee
Bill referred to committee Friday, February 11, 2005 2:36 PM Health & Families Council
Bill referred to committee Friday, February 11, 2005 2:36 PM Justice Council
Bill referred to committee Friday, February 11, 2005 2:36 PM Civil Justice Committee
Bill referred to committee Friday, February 11, 2005 2:36 PM Future of Florida's Families Committee
Filed Friday, January 28, 2005 8:18 AM McInvale

Statutes Referenced by this Bill
63.0421
63.139


33 posted on 03/20/2005 5:47:10 AM PST by longtermmemmory (VOTE!)
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To: longtermmemmory
“Our law says you’re a good enough foster parent to take a kid in state custody, but you’re not a good enough parent for an adoption."

Why, it's simple, then. Ban homosexuals from being foster parents.

34 posted on 03/20/2005 5:58:43 AM PST by William Terrell (Individuals can exist without government but government can't exist without individuals.)
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To: William Terrell

Makes sense to me.

What is not covered is that there are procedures in place for family or SELECTION of a foster parent. Thus if a woman has an unwanted pregnancy (aka baby) she can designate some homosexual as the foster father/mother and then it can be used to bypass the FL law against homosexual adoption.

This also, per one family law adoption practitioner, used to again attack FL's homosexual adoption ban.

It is very apparent on issues of recreational sex, the citizens have to use the amendment process.


35 posted on 03/20/2005 6:34:25 AM PST by longtermmemmory (VOTE!)
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