Florida Ban on Homosexual Adoption Overturned

by Jason Stotts

In another of what is turning out to be a growing wave of wins for our homosexual friends, a Florida Appellate court overturned the state’s ban on homosexuals adopting children.  This decision will, of course, be appealed and end up at the state supreme court, but for now gays in florida will share the same rights that heterosexuals have when it comes to adopting children.  What?  Aren’t all US citizens already guarenteed equal protection by an amendment to our Constitution?  No, I don’t think that applies to the gays…

​This morning, an appeals court in Miami declared Florida’s three-decade old ban on gays adopting children unconstitutional in a unanimous decision.

“Given a total ban on adoption by homosexual persons, one might expect that this reflected a legislative judgment that homosexual persons are, as a group, unfit to be parents,” the court wrote. “No one in this case has made, or even hinted at, any such argument.”

The case centered on a North Miami man named Frank Martin Gill, who, along with his partner, adopted two children in 2009 after caring for them as a foster parent for seven years. (via Miami NewTimes)

3 Responses to “Florida Ban on Homosexual Adoption Overturned”


  1. D. Bandler

    What if an adoption agency that was completely private (and shouldn’t they all be) did not believe that it was healthy for children to be raised in a homosexual setting or thought that it would be healthier for the children to be raised in a heterosexual setting? Under laissez-faire, shouldn’t that agency be able to discriminate all they want?

    The entire anti-discrimination paradigm that we are living under – the mutilation of the The Equal Protection Clause – is one of the ways that the Left is smuggling tyranny into America. I do not consider any supposed “victory for gays” under today’s anti-discrimination regime to be a good thing.

    Lastly, the political issue of whether gays should be able to adopt and the psychological issue of whether its healthy for children to be raised by gay parents are two different issues. I have seen growing empirical evidence that children raised in gay homes becoming gay themselves at a higher rate than the rest of the society. You get more of what you subsidize is an expression that I think may end up applying here. Is it a good thing to have more homosexuality in society? I am not so sure.

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  3. JasonStotts

    Should a private adoption agency be able to discriminate in choice of parents? Certainly, in fact picking good parents would be their job. Now, whether it is moral to deny adoption to blacks or gays or jews or any other group that someone might hate is a totally different question. Morally, it is repugnant to judge a person by something that is outside their control (this obviously doesn’t apply to religions). A person should be judged by their character.

    However, and this is key here, the government should not be able to do so, since all citizens are equal under the law and thus must have the same rights and privileges, ceteris paribus.

    I’m not sure where you’re getting your information about children growing up gay because they’re raised by gay parents. All of the studies I have seen have shown that there is no influence. Might more of these children be willing to admit they are gay instead of killing themselves or remaining closeted much of their lives? Yes. Does that mean that they were made gay? Hardly, it just means that they weren’t ashamed of themselves.

    Is it a good thing to have more homosexuality in society? What kind of question is that? Are you afraid “teh gay” will spread? It’s not a disease. I think most gay people just want to be left alone to live their lives how they see fit and I don’t see anything morally objectionable about this.