Marriage Equality Rhode Island

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Debate over Florida’s gay adoption ban heats up

posted by Tiffany Rauch-Dickson

on Friday, July 17, 2009 at 2:37 pm

(via The Edge)

Proposed legislation introduced by state Rep. Mary Brandenburg [D-West Palm Beach] earlier this month could potentially repeal a ban on same-sex couples from adopting children that has been a source of deep contention in the Sunshine State for more than three decades.

House Bill 3, which will go before lawmakers in their 2010 session, will face major opposition in the Republican-controlled House, particularly given that similar incarnations of the bill have languished for the past eight years. Activists remain resilient on the issue in spite of this sustained opposition. And an ongoing court battle continues to increase the already controversial legislation’s profile.

Miami-Dade Circuit Judge Cindy Lederman set a new precedent last November with her ruling in favor of foster father Frank Gill, who had attempted to adopt two brothers he had fostered for four years. In her decision, Lederman ruled that there was no “rational basis” to deny Gill’s adoption. She further concluded Florida’s adoption ban was unconstitutional, but the state immediately appealed the decision, which prevented it from being applied to other judicial courts.

The American Civil Liberties Union of Florida has taken up the case. The Third District Court of Appeal will begin to hear oral arguments on Aug. 26, but the case will likely reach the state Supreme Court.

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