Wednesday, September 10, 2008

Circuit court judge rules against gay adoption ban in Florida

Just saw this here, reporting on an Advocate article here, which cites a Miami Herald article here. From the Herald article (emphasis added):

KEY WEST, Fla. -- A circuit court judge has ruled unconstitutional Florida's 31-year-old gay adoption ban, one of only two such statewide bans in the country.

The Monroe County judge's ruling allows a gay foster parent here to adopt a teenage boy he has raised since 2001, but does not mean there will be any statewide change in policy.

Circuit judges in Florida have twice before found the statute unconstitutional, both in 1991, though both challenges stalled. A case in Miami expected to be heard next month could also challenge the law. . . .

Michael Allen, a constitutional law professor at Stetson University in St. Petersburg, said while the ruling came from just one judge in Key West, a number of similar rulings could begin to chip away at state law.

"Cracks begin to develop in legal doctrine," he said. "Even if it has no effect as precedent and it is not repeated someplace else, it's a crack. If you get enough cracks, things break."

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