A Circuit Court Judge in Florida has ruled that an openly gay man can adopt a boy with special needs he has been fostering for the past seven years.

The state is currently the only state in the US that explicitly bans gay people from adopting.  

The judge said that as the 31-year-old law singles out a group for exclusion it is “unconstitutional,” reported the Miami Herald.

Mississippi and Michigan have explicit policies banning same-sex couples from adopting, while the legal situation is unclear in many other states.

Single gay or lesbian people and same-sex couples are banned from adopting in Florida.

There are no specific restrictions on single gays adopting in any other state. Arkansas will vote on a ban in November.

Monroe County Circuit Judge David J. Audlin Jr. said the Florida law forbidding gay people from adopting children is contrary to the state Constitution because it singles out a group for punishment.

His ruling also calls the law “contrary to every child welfare principle.”

Miami attorney Alan Mishael, who represents the boy’s guardian, said the ruling is less about public policy than the welfare of a former foster child who wants a father of his own.

“This is a case about a young man who already had a permanent guardian but wanted to have a father,” Mishael told the Miami Herald. “That’s what the case is about. That’s all it’s about.”

Audlin appointed the foster father as guardian for the boy in 2006. At a recent hearing, the boy testified he wanted the man to be his ”forever father” — like all the other kids had — ”because I love him,” the order says.

A home study by a social worker ”highly” recommended the guardian and his partner be allowed to adopt the boy, saying the two men provided a ”loving and nurturing home,” provided ”fair and consistent” discipline and are financially secure, the order says.

The Republican nominee for President of the United States declared his opposition to gay adoption in an interview in The New York Times last month.

Senator John McCain said:

“I think that we’ve proven that both parents are important in the success of a family so, no, I don’t believe in gay adoption.”

Democratic party nominee Barack Obama has pledged to work towards the elimination of discrimination against LGBT families if elected.

Source: Circuit Court rules against Florida’s ban on gay adoptions | Miami Herald

Comments
  1. josephudo says:

    Our own constitution is the death of us all. We need to patch it up but I doubt it. If I were a judge and had to let a child grow up in a morally corupt situation which may be a precedent for more such corruption of children, I would step down and take a lesser job. To teach a child that homosexuality is acceptable is a crime against God and all his people.

  2. Anonymous says:

    You sir are a traitor to this country. You should go live in Iran where religion rules. To disparage our constitution is a disgrace to the many men and women who have died for our country. You are no American.

  3. Anonymous says:

    He is not. He’s just an idiot.

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