All You Florida Homophobes Take Notice: You Lose! By Geniusofdespair

The Third District Court of Appeal in Florida (Before COPE, SHEPHERD and SALTER, JJ.) granted a Gay Adoption. The reason for the appeal:

Cope: This is an appeal of a final judgment of adoption, under which F.G. became the adoptive father of two boys, X.X.G. and N.R.G. (collectively, “the children”). The trial court found, and all parties agree, that F.G. is a fit parent and that the adoption is in the best interest of the children. The question in the case is whether the adoption should have been denied because F.G. is a homosexual. Under Florida law, a homosexual person is allowed to be a foster parent. F.G. has successfully served as a foster parent for the children since 2004. However, Florida law states, “No person eligible to adopt under this statute [the Florida Adoption Act] may adopt if that person is a homosexual.” § 63.042(3), Fla. Stat. (2006). According to the judgment, “Florida is the only remaining state to expressly ban all gay adoptions without exception.” Judgment at 38. Judge Cindy Lederman, after lengthy hearings, concluded that there is no rational basis for the statute. We agree and affirm the final judgment of adoption.

We begin with three observations. First, there does not appear to be any disagreement between the parties regarding the facts of the case. The parties entered into a lengthy list of stipulated facts. The stipulated facts are attached as an appendix to this opinion. Second, the parties agree that the father is a fit parent and that the adoption is in the best interest of the children. Appendix ¶¶ 44-56. Third, the Department of Children and Families [“Department”] “agrees that gay people and heterosexuals make equally good parents.”