Florida Appeals Court Confirms Ban on Gay and Lesbian Adoption Unconstitutional

Today a Florida Appeals Court upheld a lower court’s decision that banning Gay and Lesbians from adopting was unconstitutional stating, “there is no rational basis for the statute.” The decision is likely to be appealed to Florida’s Supreme Court.

The court noted considerable research showing that Gay men and Lesbians are as fit parents as their heterosexual counterparts, and that the outcomes for children of Gay men and Lesbians are equal. The court’s opinion states, “These reports and studies find that there are no differences in the parenting of homosexuals or the adjustment of their children.” The court also noted this research was scientifically valid and published in peer reviewed journals, while the experts for the Florida Department of Children and Families were either not qualified and/or their research had not been published or verified by peer review.

Unfortunately, despite two courts stating that the ban is unconstitutional adoption practice in Florida is likely to continue the ban on Gay and Lesbian family adoptions until all of the appeals have been exhausted. After the first court ruling in March, Florida continued to prohibit LGBT families from adopting from both the foster care system and in private adoptions.

To read the entire the opinion of the Florida Appeals Court see: http://www.3dca.flcourts.org/Opinions/3D08-3044.pdf

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