Judge Nixes Fla. Ban on Gay Adoption

State plans to appeal ruling against 30-year-old measure
By Ambreen Ali,  Newser Staff
Posted Nov 25, 2008 2:13 PM CST
Judge Nixes Fla. Ban on Gay Adoption
Partners Rob Flint and Kevin Burns play with their 5-month-old adopted daughter Autumn Hope. Florida has had a ban on gay adoption for 30 years.   (Getty Images)

A Miami circuit judge sparked a constitutional showdown by ruling today against Florida’s 30-year-old ban on gay adoption, rebutting claims that homosexuals suffer more from mental illness and substance abuse. The attorney general’s office plans to appeal the decision, which allows a Miami man to adopt two foster kids he and his partner have been raising since 2004, the Herald reports.

In today’s ruling, Judge Cindy Lederman scoured decades of psychological research to show sexual orientation is “not a predictor of a person's ability to parent.” And with Florida suffering a shortage of foster and adoptive families, “there is no question the blanket exclusion of gay applicants defeats Florida's goal of providing children a permanent family through adoption,” Lederman wrote. (More Florida stories.)

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