Wednesday, September 10, 2008

Well, This is a Positive Development

Monroe County Circuit Court Judge rules that gay man may adopt the child he has been raising since 2001 . The section of the Florida Statutes* that discusses adoption contains the following caveat: No person eligible to adopt under this statute may adopt if that person is a homosexual.

For real. I wouldn't make this sort of thing up. Of course there will be a continued legal battle regarding this issue, and this won't really change Florida law, but I like to see moves in the right direction. With hundreds of Florida's children parentless, it is truly absurd to exclude an entire segment of the population from providing nurturing homes based on sexual orientation/preference.

The real kicker, in my opinion, is that if you are a straight, single person, you are legally allowed to adopt a child in the state; however, if you are a homosexual COUPLE, it is forbidden. Single-parent adoption? No biggie. Two-parent adoption? Well, that's the ideal! Unless of course you are both men or both women. In that case, how dare you!

The quote at the end of the article, from the Stetson law professor sums up my sentiments: "Cracks begin to develop in legal doctrine. 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.''

Fuck yeah.

Don't get me started on this, either. OK, get me started. But not now, I need some lunch. The text of the proposed amendment to the Florida Constitution will suffice for now:

Inasmuch as marriage is the legal union of only one man and one woman as husband and wife, no other legal union that is treated as marriage or the substantial equivalent thereof shall be valid or recognized.

And, yes, this proposed amendment would be added to the portion of the Florida Constitution entitled "Rights." Color me perplexed.

*It's s. 63.042(3)