Gay adoption before Fla. Legislature, courts

The state Legislature is faced with a bill aimed at overturning the state’s 1977 ban on gay adoption, and Florida’s Third District Court of Appeals must resolve a lawsuit over the issue stemming from Gill’s case. The case is likely to move on to the Florida Supreme Court.

The court case will likely resolve questions posed by gay rights advocates before the bill does.

The legislation is expected to die without coming to a vote before the Legislature adjourns next week.

“This year the bill is not going to be going anywhere to be honest with you,” said the sponsor, Sen. Nan Rich, D-Sunrise. “The best chance to get a change in this state … will be with Gill.”

The high court will hold preliminary hearings soon on Miami-Dade Circuit Judge Cindy Lederman’s ruling that allowed Gill to adopt the boys in November. Her ruling said the ban violates equal protection rights for the children and their prospective gay parents.

See Gay adoption before Fla. Legislature, courts

MiamiHerald.com

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Original source : http://gay_blog.blogspot.com/2009/04/gay-adoption-…

Lambda Legal Defends Lesbian Mother in Ohio Custody Matter – ‘These children have a right to the love and support of both parents.’

(Cleveland, Ohio, January 21, 2009) — In court papers submitted in the Ohio Eighth District Court of Appeals, Lambda Legal defended a lesbian mother in her fight to continue to parent her 11 and 8 year old sons.
“These children have a right to the love and support of both of their parents,” said Camilla Taylor Senior Staff Attorney in Lambda Legal’s Midwest Regional Office in Chicago. “The Ohio Supreme Court already has said that Ohio’s antigay constitutional amendment does not prevent a same-sex couple from sharing custody of the children they are rearing together. We shouldn’t have to address this hurtful and discriminatory argument any longer. The trial court below in this case did the right thing by focusing on the needs of the children, and awarding shared custody to these women based on more than a century of Ohio case law allowing such orders.”
Lambda Legal represents Rita Goodman in her pursuit to continue to parent her two sons. Goodman and her former partner Siobhan LaPiana were in a committed relationship for 10 years. During that time the women planned and had two children. LaPiana gave birth to the children but both women equally parented the boys, who love and rely on both of them as their mothers. Before the birth of the first child, Goodman and LaPiana drafted and signed a parenting agreement detailing their intent to share all responsibilities of parenthood. After the couple split, LaPiana began restricting Goodman’s time with the boys. In February 2007, Goodman filed a lawsuit, and in August, 2008, the trial court ordered visitation for Goodman. LaPiana appealed, arguing, among other things, that Ohio’s antigay constitutional amendment prevents courts from entering orders permitting former lesbian partners to share custody, and that the court’s order unconstitutionally infringed on her right to autonomy as a parent.
Lambda Legal argues that Ohio’s antigay constitutional amendment has no impact on Ohio courts’ authority to order shared custody between former same-sex partners. Additionally, Lambda Legal argues that because LaPiana agreed to co-parent her children from birth with Goodman, it is constitutional for courts to step in to protect the children’s bonded relationship to Goodman.
On December 31, 2008, in the Lambda Legal case, In re J.D.F., the Ohio Supreme Court rejected a similar effort by a woman in a custody dispute with her former partner to use Ohio’s antigay constitutional amendment as a weapon to sever the parental relationship between her child and her former partner.
“This has always been about my sons and making sure they can rely on both of their parents. I made a promise to take care of them always — and I’m just trying to make good on that promise,” said Lambda Legal client Rita Goodman.
Lambda Legal represents Rita Goodman along with cooperating attorney Pamela J. MacAdams, of
Camilla Taylor, Senior Staff Attorney is handling the case for Lambda Legal. She is joined by co-counsel
Pamela J. MacAdams of Morganstern, MacAdams & DeVito Co., LPA, in Cleveland, Ohio.
The case is In re S.J.L. and J.K.L.

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ACLU Seeks Immediate Florida Supreme Court Hearing For Gay Adoptive Dad And His Children

MIAMI – The American Civil Liberties Union and lawyers for Martin Gill’s adopted children filed a request today in Florida’s Third District Court of Appeals seeking to expedite the appeal of last week’s court ruling that the ban on adoption by gay people violates the Florida constitution.

Everyone in this case agrees that prolonging a child’s stay in foster care is not in his best interest. The trial court found that these children are thriving in this home, and that there is no reason – scientific or other – that they should be denied the permanency and protections of adoption,” said Rob Rosenwald, Director of the ACLU of Florida LGBT Advocacy Project. “Today we ask the court to take the best interest of these kids into consideration and not make them wait the extra years it would take for the case to make its way through the traditional appellate process.”

On November 25, 2008, Miami-Dade Circuit Court Judge Cindy Lederman granted adoption of two brothers, ages four and eight, to Martin Gill of North Miami, after a four-day trial that highlighted scientific evidence that proved gay and straight people make equally good parents. The decision overturned a 31-year-old discriminatory law banning gays and lesbians from adopting – the only such law in the U.S. – that was put on the books after the anti-gay campaign led by Anita Bryant in the 1970′s.

Lederman noted in her decision that the fact that parental sexual orientation has no impact on children’s well-being has “been accepted, adopted and ratified by” the American Psychological Association, the American Academy of Pediatrics, the Child Welfare League of America and the National Association of Social Workers, and that it is “beyond dispute” that the exclusion of gay people from adopting does not protect the interests of children.

The state appealed the decision immediately after it was announced last Tuesday. If today’s request is granted, the case will go straight to the Florida Supreme Court instead of having to go through a lengthy appeals court process. The state has five days to file a response to today’s court filing, which is not available to the public because the document is part of a juvenile court record.

In addition to Rosenwald, Gill is represented by Leslie Cooper and James Esseks of the ACLU’s Lesbian Gay Bisexual Transgender Project and Shelbi Day of the ACLU of Florida. The children are represented by Hilarie Bass and Ricardo Gonzalez of Greenberg Traurig, and Charles Auslander, an attorney and former District Administrator for Florida’s Department of Children and Families (DCF).

For more information on the case, visit http://www.aclu.org/gill