Legal Commentary

Appeals Court Strikes Down Gay Adoption Ban

By Professor University of Miami School of Law

Florida's ban on adoption by gay couples was declared unconstitutional by a the 3rd DCA, the state Court of Appeals located in Miami, 3-0 (although with two opinions) this morning.

The basic holding is that the statute fails the equal protection guarantee of the Florida Constitution because it makes a distinction between fit parents that has no rational basis. Indeed, the record compiled by Judge Cindy Lederman at trial pretty much compelled that verdict.

The next stop, most likely, is the Florida Supreme Court, although with this record it is hard to see how it could reach a different result.

Here's the full text of the decision. Here's a Miami Herald article.

I'm happy to report that UM's Children and Youth Clinic submitted an amicus brief.

Full post as published by Discourse.net on September 22, 2010 (boomark / email).