Florida lawmakers approved a measure on Thursday that would allow private adoption agencies refuse to let gay couples adopt children. The bill, which passed the Florida House , would prevent the state from revoking the license or refusing funding to an adoption agency that refused to let a gay couple adopt a child on religious or moral grounds, ThinkProgress reported. Supporters of the bill say that the measure is necessary in order to keep faith-based adoption agencies open. Earlier this week, the state Senate passed a different bill eliminating a ban on gay adoption from state law. The Senate measure was seen as largely symbolic because the 3rd District Court of Appeal ruled that Florida's ban on gay adoption was unconstitutional in Brodeur also told the Associated Press that the law wasn't discriminatory because gay couples could still go to non-religious or state-based adoption agencies.
Florida appeals court strikes down gay adoption ban
In re: Gill | American Civil Liberties Union
Recently, the State of Florida found that its law regarding Gay Adoption in the State of Florida was unconstitutional. The circumstances which resulted in the States reversal of its position involved a Juvenile Dependency case involving two openly gay foster parents who had been raising children in their care for a number of years. The two openly gay men sought to adopt the minor children who they had appropriately raised and properly cared for over a number of years. The Circuit Court Judge over the objection of the State Attorney's office conducted a lengthy Trial and determined that since the two men were capable of raising the minor children as Foster Care parents that it was in the best interests of the minor children to be adopted by the openly gay Foster Care parents, even though Florida Law precluded this Adoption.
Florida Gay Adoption Ban Is Ruled Unconstitutional
We first hear of out LGBTQ parents around the time of World War II, mostly in the context of cases that denied them child custody after divorce from different-sex, cisgender spouses. Several other states continued to ban unmarried couples, though, effectively stopping same-sex couples from adopting until marriage equality became federal law in In the s, too, female couples and single women increasingly began to start their families together through pregnancy. In , the Sperm Bank of California opened as the first fertility clinic in the country to serve this market although many queer people had been doing home inseminations for years before.
The other spouse is a parent of the person to be adopted and consents to the adoption; or. The failure of the other spouse to join in the petition or to consent to the adoption is excused by the court for good cause shown or in the best interest of the child. American Law Reports provide detailed discussions concerning legal issues with extensive summaries of relevant court cases. Reference KF