<p>In Florida, gays are allowed to foster parent, but haven’t been allowed to adopt. Seems cruel to the children in their care, and the judge in the Gill case agreed.</p>
<p>"In her statement before a packed courtroom in the Miami-Dade Juvenile Justice Center, Lederman said it was undeniable that Gill and his partner of eight years have provided a safe and stable permanent home for the boys. The adoption law violates equal protections because it singles out gay parents and their children for no rational reason.</p>
<p>“The Constitutional finding is that [the children] have a right to permanency. And permanency is not achieved by taking them out of the Gill home where they are thriving, ” Lederman said.</p>
<p>“I find that the law banning gay adoption is without any rational basis. It is clear that there is no rational basis to preclude homosexuals from adopting.”</p>
<p>The ruling means that Gill and his partner can adopt the 4-year-old and 8-year-old half brothers that arrived on their doorstep at midnight during an emergency foster care placement around Christmas in 2004. </p>
<p>During the hearing Lederman legally changed the boys’ surnames to Gill. </p>
<p>Gill was teary eyed as he hugged members of his legal team in the courtroom.</p>
<p>“I cried the first tears of joy in my life,” he said at a press conference in front of the courthouse. “We are elated and we could not be happier.”</p>
<p>When the boys first arrived in his home the plan had been to foster the children for one or two months while their biological parents’ court cases were worked out. But when the parents lost custody and the Gill’s family bonded about a year later, Gill decided to petition for adoption.</p>
<p>“I’m not an activist,” he said Tuesday. “The reason I’m standing here is because I’m a persistent individual and I knew the only right thing to do was to adopt these children.”</p>
<p>The case went to trial in September, just a month after Monroe County Judge David Audlin granted Wayne Larue Smith, a gay resident of Key West the right to adopt a 13-year-old boy he had fostered for several years. …</p>
<p>While Lederman’s ruling was hailed as a major victory for gay rights leaders, it still will not change the state law, known as the most restrictive adoption law in the nation. The ruling is the first time a judge has struck down the adoption law, the most restrictive adoption law in the nation. </p>
<p>But Judge Lederman’s 53-page ruling provides a legal framework to overturn the 1977 adoption law, passed in the height of the Anita Bryant crusade against gay teachers. "
[Anti-gay</a> adoption law unconstitutional - South Florida Blade](<a href=“http://www.floridablade.com/2008/11-26/news/localnews/5305.cfm]Anti-gay”>http://www.floridablade.com/2008/11-26/news/localnews/5305.cfm)</p>