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Florida Judge Rules Law Prohibiting Gays from Adopting Children Unconstitutional

Written by Jamie Simpson, LawServer Attorney-Editor   
Last Updated December 4, 2008

Miami-Dade Circuit Judge Cindy Lederman declared this week that a Florida law prohibiting gay couples from adopting children is unconstitutional, reports StarTribune.com. In effect for the past 31 years, Lederman stated the law violated equal protection rights for both the children and prospective gay parents. As part of her reasoning, she also cited the fact that Florida currently allows homosexuals to foster the children.

The State's arguments in the case were that gay couples exhibit a higher incidence of drug and alcohol abuse, are more unstable than their heterosexual counterparts, and that children raised in the homes suffer societal stigma.

Florida is the only state which currently bans gay couples from adopting. Arkansas and Utah ban any unmarried couple from adopting children, and Mississippi allows only single homosexuals to adopt.

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David M. McCormick
Newport News Family Law and Bankruptcy Attorney

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