District Court Affirms Overturning Florida Gay Adoption Ban

September 22, 2010

Florida Department of Children and Families v. In re: Matter of Adoption of X.X.G. and N.R.G.

The Florida Third District Court of Appeal upheld a circuit court ruling that found a law banning gay and lesbian people from adopting children in Florida is unconstitutional. District Court Judge Gerald Cope wrote in the decision, "It is difficult to see any rational basis in utilizing homosexual persons as foster parents or guardians on a temporary or permanent basis, while imposing a blanket prohibition on those same persons...All other persons are eligible to be considered case-by-case to be adoptive parents."

Circuit court Judge Cindy S. Lederman ruled in 2008 that the law violated the equal protection guarantees of the state constitution as well as the Adoption and Safe Families Act of 1997, a federal law that seeks to ensure the safety and well-being of children in the welfare system and protect children's right to permanency. [PDF]