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Florida Ban on Gay Adoption is Unconstitutional

September 27, 2010 //  by James//  Leave a Comment

Finally, Florida got it right.  After a number of years of fighting a system that says that gay people in Florida are unfit to be parents, the Appeals court in Miami has unanimously ruled that Florida’s law that bans gay adoption is unconstitutional.

Last Wednesday’s decision means that Frank Martin Gill will be allowed to remain the parent of his two sons.  Gill and his longtime partner adopted these children from the state’s foster-care system in 2008.  Gill had been foster-parenting the boys since 2004.  If the statute were upheld, Gill would be forced to put his boys back into the foster care system – a result that no reasonable person could believe would be in the best interests of these children.

Since no other Florida court has ruled on this issue, the Appellate Court ruling will become law in Florida, and the Department of Children and Families will no longer enforce the statute banning gay adoption… for now.  An appeal to the State’s Supreme Court is expected.

Category: Current EventsTag: Child Custody, Foster Care, Gay Adoption

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The Hart Law Firm, P.A. was originally founded in 2005 as a divorce and family law firm in Orlando, Florida. We moved to North Carolina in 2010, and now work with families to help them navigate the process of separation and divorce.

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