Same-sex adoption ban upheld (11th Circut Speaks AGAINST courts as "Superlegislatures!!)

World Net Daily ^ | JANUARY 29, 2004 | WorldNetDaily

[GulliverSwift]

The other thing is that it is more of a lifestyle issue. Since one's lifestyle is the only thing that makes you "gay," one can fairly say that so long as you continue in a manner of living which is inconducive to sensible child-rearing, you ought not be granted the privilege to adopt a child. It's the same as if you had a history of severe epilepsy. Being epileptic is no crime but it DOES make it much more likely that you will be a poor parent (especially to a child who may have no reason to obey you).

[NYer]

The opinion also noted that even though some have argued alternative child-rearing arrangements are satisfactory, the court stated no alternative arrangement "has proven as enduring as the marital family structure, nor has the accumulated wisdom of several millennia of human experience discovered a superior model."

The Catholic Church has staunchly maintained this position.

"At a moment of history in which the family is the object of numerous forces that seek to destroy it or in some way to deform it, and aware that the well-being of society and her own good are intimately tied to the good of the family [7], the Church perceives in a more urgent and compelling way her mission of proclaiming to all people the plan of God for marriage and the family, ensuring their full vitality and human and Christian development, and thus contributing to the renewal of society and of the people of God."
Familiaris Consortio Apostolic Exhortation On the Role of the Christian Family in the Modern World

"The Church's teaching on marriage and on the complementarity of the sexes reiterates a truth that is evident to right reason and recognized as such by all the major cultures of the world. Marriage is not just any relationship between human beings. It was established by the Creator with its own nature, essential properties and purpose.(3) No ideology can erase from the human spirit the certainty that marriage exists solely between a man and a woman, who by mutual personal gift, proper and exclusive to themselves, tend toward the communion of their persons. In this way, they mutually perfect each other, in order to cooperate with God in the procreation and upbringing of new human lives."
CONSIDERATIONS REGARDING PROPOSALS TO GIVE LEGAL RECOGNITION TO UNIONS BETWEEN HOMOSEXUAL PERSONS

Catholic Ping - let me know if you want on/off this list

[NYer]

PRO-LIFE PING!

[Mr. Silverback]

ProLife Ping!

If anyone wants on or off my ProLife Ping List, please notify me here or by freepmail.

[eastsider]

All gay adoption is child abuse.

Bump!

[DannyTN]

I think that we may get an effective criminalization of it in the future once they figure that they can sue someone for giving them AIDS.

I don't see that ever being effective. The problem would be proving the other person knew before hand. Otherwise the risks of the behavior are well known. A suit against someone who didn't know he had aids and who hadn't lied about having previous activity would not be successful.

[b-cubed]

As frustrating as the spending fiasco is, we can't forget this simple truth-- judges matter, and they matter more than all of the other crap.
Agree 100%.

It really is ALL ABOUT THE JUDGES!

Scream this from the highest rooftops!!!

[Roscoe]

The court said it "found nothing in the Constitution that forbids this policy judgment. Thus, any argument that the Florida legislature was misguided in its decision is one of legislative policy, not constitutional law."

Refreshing.

[Tolerance Sucks Rocks]

Speaking of SCOTUS's arrogance, they're ruling or about to rule on the minimum age that the death penalty can be applied to somebody by a given state. And this after refusing to hear Silveira vs. Lockyer, which actually concerns a federal matter (2nd Amendment). They truly are arrogant, indeed.

[Tolerance Sucks Rocks]

As frustrating as the spending fiasco is, we can't forget this simple truth-- judges matter, and they matter more than all of the other crap.

The only reason the judges matter so much is that we take their rulings as gospel. As far as I know, our congress and state legislators take constitutional oaths, and they could ignore all the suprelegislative nonsense. A little rebellion against these arrogant judges would be nice every now and then...

[jerri]

And they deserve better than having 2 (or more) mentally disturbed people as parents. LOL! I think that is a very good description of them.

[ellery]

I wonder how this applies to gay couples in Florida who already have adoptive children?

[longtermmemmory]

adoption is a statutory creation. It does not exist at common law. It must be narrowly interprited.

BTW this is not the first time the ban was upheld. Florida's SC (gasp!) upheld it.

[longtermmemmory]

Adoption does not exist at common law. Since it is a statuory creation it has to be narrowly construed to only what the legislature says it is.

Adoption is not a right is any state.

It is not arbitrary, it is codifying what the legislature said and what the FL courts already said. repeatedly.

[longtermmemmory]

To that end, we need more Freepers in law school.

[djreece]

"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.

Marking

[gobucks]

I wonder how this applies to gay couples in Florida who already have adoptive children?

don't have a clue ... but it does imply they're outlaw "parents" doesn't it?

[gobucks]

But by the time the b/c a freeper, it's usually too late!! Ever notice the demographics in this place? It's Baby Boomer Heaven!!

[gobucks]

BTW this is not the first time the ban was upheld. Florida's SC (gasp!) upheld it.

That is a shock indeed and I didn't know that, thanks. It must have been a narrow ruling nonetheless. (2000 convinced me the FSC has got a bunch of political hacks on the bench, period).

[longtermmemmory]

They were not adopted in FL. That is where full faith and credit steps in. However, given this ruling it may arguable make it so FL does not have to recognize them.

How about a law that states a child has only one mother and one father.