Tuesday, November 24, 2009

South Florida man at forefront of effort to legalize gay adoption

Florida Dept. of Families and Children v. In re: Matter of Adoption of X.X.G. and N.R.G., No. 3D08-3044 (Fl. Ct.App. 3d Dist.) / reply brief filed 08-06-09 by Florida Attorney General / ACLU's case profile / 08/27/09 Daily Business Review (on 08/26/09 oral arguments)

I have not been focused on gay adoption cases, but their bearing on the right to marry strikes me as obvious, especially in a super-DOMA state like Florida. So I am trying now to remedy an oversight in my rather weak coverage of related legal developments.

11/22/09 Palm Beach Post:
More than 32 years after its passage, Florida's blanket ban on gay adoption [Fl. Stats. Sec. 63.042(c)(3)] stands as the last one left in the nation. After a few failed legal challenges, now comes a case that advocates of gay adoption have pinned their hopes and legal prowess on ... Miami-Dade Circuit Judge Cindy Lederman agreed and approved Gill's adoption of the boys. Concluding that sexual orientation is not a predictor of a person's ability to parent, she declared the law unconstitutional. An appeals court's review of her decision could come at any time. If the 3rd District Court of Appeal concurs, the case would automatically move to consideration by the Florida Supreme Court — placing the hot-button topic of gay adoption at the forefront again.

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