Florida Adoption Ban Declared Unconstitutional

Florida Circuit Court Judge David J. Audlin, Jr.has granted the petition of a gay man to adopt the child who was placed in his home as a foster child in 2001 and whose legal guardians the man and his partner of 15 years became in 2006. The child is identified in the court documents as John Doe. To grant the adoption, the judge had to find unconstitutional Florida’s ban and adoption by lesbians and gay men. In so finding, the judge reviewed what was said about the ban when it was enacted in 1977 and concluded that the origin of the ban was a politically charged climate, dominated by Anita Bryant’s anti-gay crusade that resulted in the repeal of the Miami anti-discrimination ordinance.

Judge Audlin addressed the decision of the 11th Circuit Court of Appeals in the Lofton case, which refused to find the ban unconstitutional. Lofton was decided based on summary judgment, which means there was never a trial with evidence presented about the validity of the ban from a best-interests-of-the-child perspective. The appeals court in Lofton said that the legislature passing the ban might have thought it “premature to rely on a very recent and still developing body of research, particularly in light of the absence of longitudinal studies following child subjects into adulthood and of studies of adopted, rather than natural, children of homosexual parents.”

Awesome