It's only a lower court ruling, and there are no guarantees that it will hold up on appeal (and AG Bill McCollum, no friend to the LGBT community, will be under a lot of pressure to appeal), but for now, the Florida law that keeps gays and lesbians from adopting has been called unconstitutional.
A Monroe Circuit Court judge has ruled Florida's 31-year-old gay adoption ban "unconstitutional" in an order that allows an openly gay Key West foster parent to adopt a teenage boy he has raised since 2001.That's great news. Florida gay-haters are, as one might expect, less than pleased with the ruling..
Declaring the adoption to be in the boy's "best interest," Circuit Judge David J. Audlin Jr. said the Florida law forbidding gay people from adopting children is contrary to the state Constitution because it singles out a group for punishment.
Mathew Staver, founder and chairman of the Orlando-based Liberty Counsel, a conservative advocacy group, called the ruling "absurd."One might ask Mr. Staver if he's ever tried to get a more liberal ruling overturned in the past, but I doubt he would understand the hypocrisy involved. I hadn't realized that before this ruling, there were only two states that banned gay adoption. The other is Mississippi. I can't tell you how depressed that makes me.
"State and federal courts have already addressed the constitutionality of Florida's law, and both have upheld it," Staver said. He said Audlin "has no authority to disobey state and federal court precedents."