Florida Law Prohibiting Gays from Adopting Under Attack

Florida law does not allow gays to adopt; however, gays can foster children under Florda law.  On November 25, 2008, g 11th Circuit Judge Cindy Lederman’s issued a decision declaring F.S. §63.042(3) unconstitutional and to allow homosexual foster parents to adopt two brothers they had nurtured for four years.
  On January 30^th of this year, the Family Law Section of the Florida Bar received permission from the Board of Governors of the Florida Bar to file an amicus brief to the Florida Supreme Court on the constitutionality of Florida’s anti-gay adoption law.

Liberty Counsel, a faith-based legal group, had asked the high court to prohibit the bar’s Family Law Section from filing a friend of the court The justices ruled 5-2 in the case on Thursday rejecting  the challenge to the Florida Bar’s right to oppose the state’s ban on gay adoption.

The high court majority ruled Liberty Counsel failed to show the brief violated its constitutional rights or that the bar broke its own rules.

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