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November 28, 2008 at 21:35:15
Promoted to Primary Headline on 11/28/08: by Rady Ananda Page 1 of 1 page(s) |
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The American Civil Liberties Union assisted Gill in his petition and provides the following video: 
from ACLU Freedom Files 
Parental presence is one concern of Judge Lederman, a fierce child advocate who gained national attention in 2003 when she launched the Miami Safe Start Initiative, with the help of Dr. Joy Osofsky, an expert in early child development. NPR called the initiative, "some of the most innovative intervention programs for young mothers and infants in the dependency-court setting today. Recognized by child welfare experts as 'pioneering,' the Lederman programs are court-initiated, court-administered and aimed at helping babies and toddlers as soon as they come into the dependency court system. The centerpiece of the court's initiative consists of 25 weeks of intensive, one-on-one therapy between mothers and their babies, and also includes other parent-support services such as transportation, school and job placement, developmental screenings for all infants and toddlers and the first court-based Early Head Start program in the country."
Judge Lederman's experience with child development experts played heavily in this case. She noted, "There's no rational basis to preclude homosexuals from adopting," overturning the 31-year-old discriminatory law. "I find that the law prohibiting gay adoptions violates the children's right to equal protection." Gill provided five experts to testify on the damage Florida's gay adoption ban would cause, and to refute State testimony on alleged harm done to children by having gay parents:
* Dr. David Brodzinsky testified that being removed from this family would be "emotionally devastating" for the children and would cause them long-term damage.Taking this testimony into careful consideration, Lederman ruled:* Dr. Michael Lamb testified that 40 years of scientific research reveal uniform findings; not a single one of these studies found an elevated rate of adjustment problems among children raised by gay parents.
* Dr. Lamb also testified that research on gay parent families uniformly found that the healthy development of children raised by gay parents isn't harmed by societal prejudice against their parents, and that children of gay parents are no more likely than other children to experience peer rejection or teasing.
* Dr. Lamb also testified that while research shows that children in two-parent families are more likely to be well-adjusted than children raised in single-parent families, it also shows that this disparity is about the number of parents, not the gender of the parents.
* Dr. Susan Cochran testified that while gay people as a group suffer a somewhat higher rate of psychiatric disorders than the general population, there are other demographic characteristics such as ethnicity and income that correlate with similar or higher rates of psychiatric disorders, yet those groups aren't excluded from adopting.
* Dr. Anne Peplau testified that relationship breakup rates vary across demographic groups. Other demographic characteristics that are not excluded from adopting have higher correlations with relationship break ups than sexual orientation.
* Dr. Peplau also testified that there is no basis for saying that gay people are more prone to domestic violence and, in fact, studies show that the highest rate of domestic violence is experienced by women in heterosexual relationships and that the rates for people in same-sex couples and men in heterosexual relationships are all lower.
* Dr. Frederick Berlin testified that the sexual orientation of parents doesn't determine the sexual orientation of their children. The overwhelming majority of gay people were raised by heterosexual parents and the overwhelming majority of children raised by gay parents are heterosexual.
"As a result, based on the robust nature of the evidence available in the field, this Court is satisfied that the issue is so far beyond dispute that it would be irrational to hold otherwise; the best interests of children are not preserved by prohibiting homosexual adoption....Florida was the only state to ban gay couples from adopting. Mississippi bans single gays from adopting (but not couples), and Arkansas and Utah don't allow any unmarried couples to adopt. Arkansas voters reportedly passed this ban on November 4th."Moreover, the statutory exclusion defeats a child's right to permanency as provided by federal and state law...."
Lederman granted the Petition to Adopt the day before Thanksgiving, providing the Gill family – and the nation's minority homosexual population – with more cause for giving thanks.
For related news, see CA Supreme Court to Hear Prop 8 Challenge.
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| 8 comments |
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HOW RARE!
The trial court that overturns the constitutionality of a state statute is quite uncommon, and gives the parents in this case a real chance of success on appeal. If the court had merely ruled with the law, then the appellate courts usually just sustain that ruling without comment. But now, in order to reverse, the appellate court must explain its reasoning. The trial court's fact finding is sacrosanct, and cannot be revisited anew by the appellate court. The upper court must find an error of law while accepting the facts as found by the trial court. To reverse, therefore, the appellate court must find that notwithstanding that the best interests of the children is to stay with the gay parents, the established statute translates into law such an important governmental interest that it supercedes the rights of the children. The trial judge has made this legally and politically difficult to do. Florida's Supreme Court is somewhat liberal by southern standards, and there is good reason to believe that the trial court's ruling will ultimately be upheld. Please keep us updated, Rady, and thanks for finding this novel case. by W.M.L. (0 articles, 0 quicklinks, 0 diaries, 537 comments [52 recommended, 1 rejected]) on Saturday, Nov 29, 2008 at 9:00:38 AM  (0+)
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Reply: thanks for the instruction WML
I hope others read your explanation... And reading it myself, I now have more hope this will be upheld. by Rady Ananda (182 articles, 374 quicklinks, 49 diaries, 1718 comments [201 recommended, 2 rejected]) on Saturday, Nov 29, 2008 at 10:18:43 AM (0+)
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I agree with the court
The ban makes no sense what so ever. Government has made it a habit of taking children and dropping them into far more non "traditional" situations without any real family structure that has harmed or killed children and found no problem with that. Same sex partners, as long as they don’t have sex in front of the children, should be treated no different in this situation. by Gallaher (2 articles, 0 quicklinks, 4 diaries, 990 comments [34 recommended, 1 rejected]) on Saturday, Nov 29, 2008 at 10:44:01 AM (0+)
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Thanks Rady!
Wow, this is really good news! Thanks for a great article, it made my day. by Meryl Ann Butler (70 articles, 82 quicklinks, 5 diaries, 721 comments [29 recommended, 0 rejected]) on Saturday, Nov 29, 2008 at 12:02:02 PM (0+)
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Reply: We Shall Overcome
thanks, Meryl Ann ~ the news made my day, too. Equal rights for all US citizens is inevitable. by Rady Ananda (182 articles, 374 quicklinks, 49 diaries, 1718 comments [201 recommended, 2 rejected]) on Saturday, Nov 29, 2008 at 12:44:06 PM (0+)
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Way to go Rady
At least for finding this article :) As to having sex in front of the children---I would feel the same if it were hetro. We need to stop worrying about gay people and be thankful there are kind hearted people like this couple that will offer these children a real home and love. We all win here! by virginius "gin" arnold (18 articles, 7 quicklinks, 47 diaries, 516 comments [22 recommended, 0 rejected]) on Saturday, Nov 29, 2008 at 1:59:06 PM (0+)
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Reply: Finding this article? I wrote it
but glad you like the news, Gin. Kids need homes; and sexual orientation has little to do with parenting skills and abilities. by Rady Ananda (182 articles, 374 quicklinks, 49 diaries, 1718 comments [201 recommended, 2 rejected]) on Saturday, Nov 29, 2008 at 2:54:11 PM (0+)
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Reply: Sorry Rady
Even better:) by virginius "gin" arnold (18 articles, 7 quicklinks, 47 diaries, 516 comments [22 recommended, 0 rejected]) on Saturday, Nov 29, 2008 at 4:32:10 PM (0+)
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