Today a Florida circuit court today struck down a state law that bars lesbians and gay men from adopting (see yesterday’s blog post for more about the case). The court granted adoptions to our client Martin Gill, a North Miami resident who, along with his partner, has been raising two foster children since 2004.
The court ruled that the ban violated the equal protection guarantees of the state constitution because it singles out gay people and children raised by gay people for different treatment for no rational reason. The court also found that the ban denies children the right to permanency provided by federal and state law under the Adoption and Safe Families Act of 1997.
The court’s decision comes after a four-day trial in October where the court heard from experts on children’s health and development and the justifications offered by the state for the ban. In reaching its decision, the court rejected the false assumptions and stereotypes about gay people that the state offered to justify the ban, holding that many “reports and studies find that there are no differences in the parenting of homosexuals or the adjustment of their children. These conclusions have been accepted, adopted and ratified by the American Psychological Association, the American Psychiatry Association, the American Pediatric Association, the American Academy of Pediatrics, the Child Welfare League of America and the National Association of Social Workers. As a result, based on the robust nature of the evidence available in the field, this Court is satisfied that the issue is so far beyond dispute that it would be irrational to hold otherwise; the best interests of children are not preserved by prohibiting homosexual adoption.”
Gill and his partner of more than eight years became foster parents to the two boys on December 11, 2004. The couple, who had been parents to seven other foster children over the years, was initially told that the placement would be temporary, but a plan to place the kids with their grandmother fell through. Both boys had significant health problems when they arrived in the home. The older boy, who was four at the time, was withdrawn and didn’t speak. Today both boys are healthy, have lots of friends and are doing well in school. The older boy started out behind educationally and had to repeat the first grade, but with the couple’s help, he has progressed significantly.
Here’s a video of Gill explaining how the ban has harmed his two boys:
For additional information about the case, including copy of today’s decision and a copy of the trial transcript, visit
www.aclu.org/gill.
Want to learn more about the rights of LGBT parents? Get Busy, Get Equal!
November 25th, 2008 at 3:18 pm
Wonderful, wonderful news! Prop 8 will be challenged and defeated, I believe.
Those that seek to defend “traditional” marriage have much to learn.
“The religious right “family values” defenders of marriage as a religious institution reserved for one man and one woman might be surprised at the real history of marriage under Christianity.”
http://www.ffrf.org/fttoday/2008/nov/barbarawalker.php
November 25th, 2008 at 3:43 pm
Sorry, I conflated two subjects.
I meant to indicate that this victory in Florida will, I believe, help propel successful challenges to Prop 8.
Congratulations!!
November 25th, 2008 at 4:18 pm
I am beside myself that the ban initially passed in the first place. I’m disheartened that in 2008, there are people who still think it’s okay to discriminate against a community simply because they’re afraid of what’s not in their protective bubble of a life. Will the misinformed ever realize we’re not monsters out to convert their children, steal their wives and get the famed toaster oven for doing so? The victory today has ever-so-slightly restored a bit of my faith in humanity.
November 25th, 2008 at 4:40 pm
Can you say JUDICIAL ACTIVISM?
The radical left like ACLU and PFAW support this kind of activism as long as it supports their liberal causes.
This decision will be overturned by the appeals court. So enjoy your temporary victory.
November 25th, 2008 at 5:55 pm
Thank the Lord Jesus! As a Christian I am thankful that this judge truly understood the values that Jesus taught regarding loving and caring for children!
November 25th, 2008 at 7:16 pm
Anyone who thinks it’s OK for a gay couple to “adopt” children doesn’t understand children. Children are very rarely sweet and innocent as they may appear to be.
They can be very cruel.
When I was 10 years old, the father of one of the children in our class committed suicide by jumping off Clifton Suspension Bridge. His nickname became “Cliff.”
I can easily imagine the “fun” they would have with a child who had been “adopted” by same sex “parents.”
They’d rip him apart.
John Davis
November 25th, 2008 at 7:48 pm
Liberal Hater:
So…you’re a lawyer, a judge, a constitutional scholar? You must be wise to be able to recognize “JUDICIAL ACTIVISM” (I can shout too) when you see it.
Or…would it be more accurate to say you simply shout “JUDICAL ACTIVISM” because the court disagrees with your personal ideology?
I’m also glad to know up-front that you hate me. Makes our relationship much simpler that way, doesn’t it?
Bigot.
November 25th, 2008 at 10:15 pm
I have always tried to let others choose to live the life they desire without any misgivings. But being a minister of the Gospel of Jesus Christ, I can’t help but wonder how your organizations leaders and followers will answer to Jesus on the subject of same-sex marriage, since this is not the plan God, the Father started in the Garden of Eden, with Jesus Christ, the Son and the Holy Spirit being present, at that union. Had God saw that it would be better for Steve and Bob, or Jane and Mary to be the marriage couple He envisioned, He would have started it then. However, as we are living within the last days before Christ does return for His true follower, how sad that day will be when many of the commenters of the gay, lesbian and transgender communities will feel the wrath and indignation of God, because the choose to follow the creature rather than the Creator. Hell is real, so is Satan. And he wants as many humans as possible to follow him into the hell that was just built for him and the other rebellious angels. Since God didn’t create hell for men, men only send themselves to hell when the choose not to listen to the Spirit of the Lord concerning the choices they make. I encourage everyone to read Romans Chapter 1, and let the Holy Spirit of God give you the truth concerning the meaning of what He inspired the Apostle Paul to write. As I tell other, you don’t have to listen to me or to heed my warnings. But know this, the day will come when you will find out the truth from the giver of truth, because there is no lie in Him and He changes not.
November 26th, 2008 at 10:50 am
Seems to me that people should be more concerned about the children being abused in straight homes, than having children raised in tolerance and affirmation in a gay home.
November 26th, 2008 at 11:24 am
Dear Liberal hater:
Can you name one minority group whose rights were legitimized at the state level? I didn’t think so. Unless you are a minority, you will never understand the pain of your destiny being dictated by people who are just as flawed as you are or truly appreciate the necessity of the judiciary. One more thing: Are you willing to adopt abandoned/unwanted/misplaced children? Instead of brooding, I encourage you to celebrate the fact that thousands of children will now be permitted to be adopted into loving homes. Happy Thanksgiving!
November 26th, 2008 at 12:04 pm
Another victory for equality and freedom. Excellent!
November 26th, 2008 at 12:58 pm
yay!!! each decision brings us one step closer
November 26th, 2008 at 6:14 pm
This movie is so moving. Thank you Martin Gill and the ACLU for making progress for everyone!
November 26th, 2008 at 9:12 pm
AMMO80: I’ll post the link again. Please read this well researched article.
http://www.ffrf.org/fttoday/2008/nov/barbarawalker.php
Whatever you believe is between you and your version of God. You should leave it at that.
November 27th, 2008 at 1:54 am
This is a very big victory, and hopefully it does bring us closer to first class citizenship.
Liberal Hater, it seems that you bear much anger in your words and little objectivity in your judgment. While it is not my area to decide what is right and wrong for you to believe in, I feel that if you were in my shoes, the shoes of a LGBT in an impoverished county of Michigan, you would have a different appreciation for LGBT rights.
Mr. Minister, while I doubt my words will have an effect on your view point, I must say that a very devout christian, the founder of Liberty Law, has directly stated that in a world of absolute Christian law, homosexuality as well as adultery would be crimes punishabl by death. I have born witness to the cruelty of the blindly faithful and the consequences of their actions, specificaly the lynchings of homosexuals and jews.
While all view points must be respected, I think that we can all agree that what we need now is peace, and that the road to peace lies on the road of acceptance, equality, and tolerance. While I sincerely respect the view points of others, I expect my views to be equally respected, and, personaly, I’d rather take my chances with the existance of a christian god’s rath than surrender my human rights.
December 4th, 2008 at 1:50 am
I read the posted article and with with respect, it was garbage. Don’t take it personally, I am sure you’re a wonderful person but that article is completely one-sided and written with an agenda in mind, not uncovering of real facts.
December 6th, 2008 at 10:44 am
Gill FAMILY — I cried with happiness while watching this video. I am a “straight” woman, blessed with many friends who happen to be members of the GLBT community, and we are all celebrating together.
All you people who cannot understand how marvelous this big notch in the stick of kindness and love (and Liberal agendas), I dismiss your nastiness as being the result of fear. Your attitudes are, in fact, antedileuvian. What matters most here is that these neglected children are now part of a devoted, warm, and loving family — I can only assume that you were not.
As another poster remarked, the facts are that the early Christian church sanctioned same-sex marriage, giving it the same status as heterosexual marriage. Look it up, and humbly change your misguided perspective on this issue.
December 7th, 2008 at 8:49 pm
What percentage of homosexual men are pedophiles compared to straight men?
December 7th, 2008 at 10:57 pm
Why did you censor my question?
December 8th, 2008 at 12:30 pm
I commented this on another post.
The meta-message is clear: homosexual couples can effectively fill the role of a traditional couple. But I don’t agree.
Martin Gills’ boys needed a home, needed a family. They were once barely surviving and now are at this time much better off than before but what about in the future? The experts that argued in favor of overturning the law left out one important research finding. David Popenoe, co-director of the National Marriage Project at Rutgers University said the following:
We should disavow the notion that ‘mommies can make good daddies,’ just as we should disavow the popular notion … that ‘daddies can make good mommies.’ …The two sexes are different to the core, and each is necessary – culturally and biologically – for the optimal development of a human being.
The significant differences between mothers and fathers are crucial to the sound development of children. The state should serve the best interest of the children who need families and therefore should only place children with the best families in society.
From the outside, the family relationship of Martin Gill and his children appears to be close to the ideal that the children need, but they will lack important support that only a mother and a father can offer together. I do not wish to criticize nor condemn Gill and his partner for their desire to adopt the children; they are only seeking to help, but by nature of their relationship, they are not able to provide the needed support only a mother and father can give. Allowing homosexual couples to adopt children is not in Florida’s best interest.
December 15th, 2008 at 8:48 am
We the people of Florida, Need to join together to protect are Human/Civil Rights, I assure you the Republican/Religious right will take action to discriminate against the LGBT community as they have with Prop.2,to ban Marriage in Florida. I think we should support a Constitutional amendment to require all children under 18 years of age to attend public school, to protect children from physical, psychological, and sexual abuse, that is epidemic in privet,religious and home schools.
December 21st, 2008 at 3:42 am
This (ACLU SCUMBAG LAWYER) Paul Cates real name in high school was “Pal” Cates. A SISSY boy everybody made fun of at “MCA”… McDonough Christian Academy in McDonough, Georgia. He pretended to be straight and was even engaged to a girl?!? I thought he was a little OK until I heard he turned Sub-Human and joined the ACLU !!! WTF Pal !!! Sorry about accidentally shooting your 70’s Olds Cutlass while you were at the Varsity Tennis Match back in 1981…HAHAHAHAHA…NOT!!!!!!!!
December 21st, 2008 at 7:56 am
So… why are not you homos called haters? You hate my beliefs and what I stand for, why force it on a community that does not believe it to be right? Why not move somewhere that already allows you fags to do what you want like, um Hell. Y’all are some sick twised, deviant, perverted wackos.
January 6th, 2009 at 3:17 pm
Martin Gill and other gay supporters I’m so tired of your whining and complaints. It appears that you immoral creatures will not be satisfied until all convert and worship homosexuality. The ACLU is bogus and is run by liberal, anti-american , terrorist-supporting gay jews who should be punished for helping to destroy the rights of real Americans. The ACLU since you have a hatred for Americans go to a country where they abhor us and see how much you will then appreciate Americans. You spineless b@stards!!!
January 6th, 2009 at 3:17 pm
Martin Gill and other gay supporters I’m so tired of your whining and complaints. It appears that you immoral creatures will not be satisfied until all convert and worship homosexuality. The ACLU is bogus and is run by liberal, anti-american , terrorist-supporting gay jews who should be punished for helping to destroy the rights of real Americans. The ACLU since you have a hatred for Americans go to a country where they abhor us and see how much you will then appreciate Americans.
January 6th, 2009 at 3:20 pm
Martin Gill you are going to hell. And how dare you teach those poor innocent boys that it’s o.k. to be gay. You and your partner are AIDS spreaders and how sick is it for those boys to walk in on you and see you plugging your partner’s pipe. How sick!
January 6th, 2009 at 3:24 pm
ACLU BLOG if you’re so big on freedom of speech…then why do I have to wait until my remarks are moderated and if they don’t support you views then they are deleted. Where’s my civil rights, huh? You are such hypocrites and phonies. It proves that you’re liberals because liberals only cry when someone doesn’t support their views and then cry discrimination…give me a break.