A judge on Tuesday ruled that a strict Florida law that blocks gay people from adopting children is unconstitutional, declaring there was no legal or scientific reason for sexual orientation alone to prohibit anyone from adopting.I've said this numerous times before, but if we are really interested in protecting children, we should be in favor of not allowing parents who smoke or who are obese to keep their children. There are scientific studies conducted that link those behaviors and conditions with a high probability of replication in children with such parents.
Miami-Dade Circuit Judge Cindy Lederman said the 31-year-old law violates equal protection rights for the children and their prospective gay parents, rejecting the state's arguments that there is "a supposed dark cloud hovering over homes of homosexuals and their children."
She noted that gay people are allowed to be foster parents in Florida. "There is no rational basis to prohibit gay parents from adopting," she wrote in a 53-page ruling.
Florida is the only state with an outright ban on gay adoption. Arkansas voters last month approved a measure similar to a law in Utah that bans any unmarried straight or gay couples from adopting or fostering children. Mississippi bans gay couples, but not single gays, from adopting.
The ruling means that Martin Gill, 47, and his male partner can adopt two brothers, ages 4 and 8, whom he has cared for as foster children since December 2004.
"I've never seen myself as less than anybody else," Gill said. "We're very grateful. Today, I've cried the first tears of joy in my life."
Contrarily, there is no basis for concluding that two men or two women in loving long standing monogamous relationships adds any dysfunction to the mix for their children. None. It's time to close to book on this hate filled legislation across the USA, and let's toss out Prop 8 style measure out the window as well. This would cement the family unit in a very powerful way. Allowing such parents to marry would legitimize the whole family.
One final note: if you are one of the remaining few who retain your discriminatory bias suggesting that gays should not marry, then by all means, don't marry some one of the same gender. Don't stop others in love from enjoying the same privileges you entertain. Certainly the health and legal viability of their families stand in the balance.