One Small Step Forward!

Hopefully, next, they'll overturn that "can't have two parents if they're not married" deal!


http://keysnews.com/node/5536

Judge: Gay man can adopt
By MANDY BOLEN Citizen Staff

A 16th circuit judge has approved the adoption of a
Key West boy by one of his gay foster fathers, calling
Florida's categorical ban on gay adoption
"unconstitutional on its face" and deciding that
adoption was in the best interest of the child.

Judge David Audlin entered a 67-page order in response
to the fathers' petition for adoption, which must be
in one person's name if the adoptive parent is not
married. The published ruling has deleted the names of
the involved parties, while the original has been
sealed.

The order details the family life that two local
businessmen have cultivated for as many as 32 foster
children since about 2000. The child in question, whom
Audlin calls John Doe, came to live at the foster home
in 2001 at about age 5. He has not lived anywhere else
since, and his mother's rights as a parent have been
terminated.

In 2006, the courts made the two men the child's
permanent, legal guardians, but they still wanted to
adopt and provide the child with a sense of
permanency. The petitioner also told Audlin that
guardianship does not come with the same rights as
adopting a child, meaning if the couple died, the
child would not be entitled to survivors' benefits or
other advantages afforded to blood or legally adopted
relatives.

In filing the request for adoption, the petitioner
claimed that the ban on gay adoption is
unconstitutional, in part because it is a "bill of
attainder." Such laws "serve to inflict punishment
without a judicial trial."

"The petitioner has proven ... that [the ban]
constitutes punishment of Floridians because of their
sexual orientation. The facts and circumstances
surrounding enactment of [the law] demonstrate that
its singular purpose was to repress gay Floridians as
a group, without any consideration being given to
allowing even one gay Floridian an opportunity to
establish his actual ability to parent."

The ruling, signed by Audlin on Aug. 29, does not mean
a statewide end to the ban on gay adoption, as such a
blanket prohibition could be overturned only if the
current case were appealed to a higher court and that
court agreed with Audlin.

After seven years in the same home, with the same
foster parents, and the same pets, swimming pool and
after-school activities, the child being adopted is in
his best interest, Audlin said.

"The fact that the petitioner is a gay man is
irrelevant to his skills as a parent and his fitness
to adopt," Audlin wrote.

Florida law prevents both foster fathers' names from
being on the petition, but the petitioner's partner of
15 years testified in court that he understands and
agrees that he will cease being the child's
co-guardian upon the adoption being entered, the order
states. He testified that he gladly would relinquish
that legal standing if it allowed the child to have a
father finally.

Audlin could not be reached for comment Wednesday, as
the courts still were closed because of Hurricane Ike.

(no subject)

Thanks to james_the_evil1  for this: