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Federal appeals court narrowly upholds Florida's gay adoption ban

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Kadie Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jul-22-04 09:06 PM
Original message
Federal appeals court narrowly upholds Florida's gay adoption ban
Federal appeals court narrowly upholds Florida's gay adoption ban

ADRIAN SAINZ, Associated Press Writer
Thursday, July 22, 2004
07-22) 18:54 PDT MIAMI (AP) --

Florida's ban on adoptions by gays narrowly withstood another legal challenge, but some dissenting federal judges condemned the nation's only such blanket prohibition.

In a 6-6 vote, the 11th U.S. Circuit Court of Appeals in Atlanta declined Wednesday to reconsider the case of four gay men who had appealed an earlier adverse ruling by a three-judge panel of the court.

One dissenting judge said the law was "irrational" under the Constitution's equal protection clause because it singles out gays. Another said he would move to change the law if he were a Florida legislator.

The American Civil Liberties Union filed the request for the full appeals court to hear the case after the three-judge panel in January ruled against the men, who are foster parents seeking to adopt children in their care.

http://www.sfgate.com/cgi-bin/article.cgi?file=/news/archive/2004/07/22/national2117EDT0889.DTL
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maddezmom Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jul-22-04 09:10 PM
Response to Original message
1. another link
http://story.news.yahoo.com/news?tmpl=story&cid=519&ncid=718&e=3&u=/ap/20040723/ap_on_re_us/gay_adoptions

As an adoptive mom, this makes my heart heart. The FL legislator is not for children or families....they are RW nuts. :(
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maddezmom Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jul-22-04 09:18 PM
Response to Reply #1
3. a couple of news clippings for anyone interested
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KamaAina Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jul-22-04 09:14 PM
Response to Original message
2. The key word there is "narrowly"
If those judges' minds were streets, they'd have to be one-way.

K-A
"straight but not narrow"
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mrbassman03 Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jul-22-04 09:54 PM
Response to Original message
4. Hate to be the bearer of bad news...
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maddezmom Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jul-22-04 09:56 PM
Response to Reply #4
5. heterosexual's get divorced everyday
:eyes:
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feedppl Donating Member (11 posts) Send PM | Profile | Ignore Thu Jul-22-04 10:01 PM
Response to Reply #4
6. I can almost see your tears...bull. At least read the story you link to.
"She and her lawyer are asking the court to grant the divorce and declare the Divorce Act's definition of spouse unconstitutional. The divorce law defines a spouse as "a man or woman who are married to each other."

I think they are heroically furthering a cause. Good for them both.
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mrbassman03 Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jul-22-04 10:45 PM
Response to Reply #6
7. Thats not the point...
The point is that it is sad to see anybody get divorced. I fully believe that they should have the right to, but that doesn't make it good.
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Nyx Donating Member (8 posts) Send PM | Profile | Ignore Fri Jul-23-04 12:41 AM
Response to Original message
8. Pryor Casts Key Vote in Gay Adoption Case
Offered without further comment, lest I start foaming at the mouth:

http://www.law.com/jsp/article.jsp?id=1090180159001

Until Wednesday afternoon, the significance of Judge William H. Pryor Jr.'s recess appointment to the 11th U.S. Circuit Court of Appeals was largely symbolic.

His appointment by President Bush outraged senators who objected to Pryor's record on issues such as gay rights, abortion and federalism. As Alabama attorney general, Pryor defended statutes criminalizing homosexual sodomy, spoke out against decisions legalizing abortion and won cases trimming congressional power over the states.

Democrats blocked a vote on his nomination, but the president's recess appointment will allow him to be on the court through 2005.

Since Pryor joined the bench in February, his decisions have reflected the largely uncontroversial, everyday work of federal courts.

But now Pryor has made an impact in the type of case that concerned his opponents. On Wednesday, he provided a key vote against three homosexual couples challenging Florida's law banning adoption by gays and lesbians.

<more>

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newyawker99 Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jul-23-04 06:14 PM
Response to Reply #8
11. Hi Nyx!!
Welcome to DU!! :toast:
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OneBlueSky Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jul-23-04 12:55 AM
Response to Original message
9. this is so wrong on so many levels, not the least of which is . . .
the fact that gay couples (and singles, for that matter) are often willing to adopt and care for children that no one else wants . . . disabled kids, AIDS babies, etc. . . I've personally know more than a few gays who have taken in unwanted children, either as foster parents or, in some cases, as adoptive parents . . . I myself was a foster parent to three delinquent teenage boys (not all at the same time, thank God!) over a period of five or six years in the 80s . . . each had been thrown out of every foster family and/or group home they'd been placed in, and their next stop was incarceration if someone wasn't willing to take them in . . . I'm happy to say that all three turned out pretty well and are now doing fine living on their own . . .
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Krupskaya Donating Member (689 posts) Send PM | Profile | Ignore Fri Jul-23-04 06:59 AM
Response to Original message
10. Gay = thumbs down! Molester = thumbs up!
But in a sharply worded dissent, Judge Rosemary Barkett noted that no other groups, including child molesters and domestic abusers, are barred from adopting in Florida.

Lovely. Just lovely. Makes my head explode.
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