Florida's gay adoption ban overturned

In an eminently sensible decision yesterday, a Miami-Dade judge ruled that Florida's 31-year-old ban on gay adoption is illegal ... at least for now. The decision is likely to be appealed to the state Supreme Court.

"There is no rational basis to preclude homosexuals from adopting," Judge Cindy S. Lederman said Tuesday in a Miami-Dade County juvenile courtroom, declaring Florida's 31-year-old ban on gay adoption illegal.

She cited expert testimony saying there is no sound science to justify the ban.

[...]

An appeal would quickly follow, state attorneys said, which could set the stage for a constitutional showdown of the ban that dates back to the 1970s anti-homosexual crusade of former Miss America runner-up Anita Bryant.

Until a higher court rules, Lederman's decision affects only Gill's case and any others that would come before her, said Gill's attorney, Robert Rosenwald, of the American Civil Liberties Union of Florida.

Sharp words came quickly from proponents of the ban, who were buoyed earlier this month by passage of the anti-gay marriage amendment.

"This is heartbreaking, this is horrible," said the Rev. O'Neal Dozier, founder of the Worldwide Christian Center Church in Pompano Beach. "This is one of the worst cases of judicial activism we could ever see."

Children should not be exposed to two men living as spouses, Dozier said. "It disturbs, for life, young impressionable minds."

No, Rev. Dozier. The hate and filth that you and your delusional cohorts spew is what disturbs young impressionable minds. You teach hate like it's nothing ... like it's a way of life. You, sir, are the one who should be restricted from transferring your diseased point of view to children.

But as for the ruling, it's exactly right. Using a standard rational basis test, like the one Judge Lederman applied here, there just can be no showing whatsoever that any harm can come to children merely because of their adoption by a gay couple. It's a ruling long overdue, and I hope it holds up once the Supreme Court, and likely the state legislature, get their hands on it.

For now, though, hurrah! The electorate in Florida may still be saddled with their misbegotten discriminatory viewpoints, but at least the law is beginning to recognize the rights of all Floridians, not just a chosen few.