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Florida Dept of Children and Families Won’t Appeal Gay Adoption Ban Ruling

Jim Burroway

October 12th, 2010

George Sheldon, secretary of the Department of Children & Families, announced today that his agency will not appeal a recent ruling by the Third District Court of Appeal that declared the state’s ban on adoption by gay parents unconstitutional. Sheldon communicated his decision to state Attorney General Bill McCollum this morning.

It is unclear whether McCollum himself will exercise his authority to appeal the decsiion to the Florida Supreme Court. McCollum was responsible for hiring discredited “expert” George Rekers for more than $120,000 in his defense of the state adoption ban. Rekers was later photographed returning from a European vacation in the company of a companion hired through Rentboy.com. Rekers said he turned to Rentboy.com to find someone to “lift his luggage.”

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Stefano A
October 12th, 2010 | LINK

Sheldon (DCF) had already said he wouldn’t appeal and ordered DCF to stop enforcing the ban right after the judicial ruling, so was todays notice more of a procedural formality than anything else?

Like you pointed out, I want to know what McCollum plans to do.

johnathan
October 12th, 2010 | LINK

Does the ruling apply statewide or only to those counties that lie within the area covered within the Third District of Appeals? (I realize I am applying Federal-based thinking here, such as a ruling coming out of the Ninth Circuit of Appeals [Federal] only applies to the states within that court’s purview, not to the entire country.) If this IS the case, would it not be best to appeal this case to the Supreme Court of Florida, so the ruling in the Third District would be upheld statewide>

Stefano A
October 12th, 2010 | LINK

johnathan:

The earlier family court ruling in the case that allowed Martin Gill to adopt two foster children, applied only to Gill.

However, the appeal then went to the higher state court . . . the Third District Court of Appeals in Miami, Florida.

The state court determined that the adoption ban, passed in 1977, violates equal protection under the state constitution. The three judges on the court ruled unanimously to uphold the lower courter single-case ruling.

The Third District Court ruling applies statewide.

Stefano A
October 12th, 2010 | LINK

Addendum:

If the state appeals, it would then go to the Florida Supreme Court which would have to either uphold the District Court ruling that the ban is unconstitutional or over-rule the District Court and rule the state law constitutional.

Stefano A
October 12th, 2010 | LINK

If the state doesn’t appeal. Then it’s a done deal. And the law would be dead by default as the State District Courts’ ruling would stand.

johnathan
October 12th, 2010 | LINK

Stefano A: Thank you very much for the information. It is greatly appreciated!

Stefano A
October 12th, 2010 | LINK

I think it might not matter whether McCollum appeals or not. I think most all legal experts expect the Florida Supreme Court to uphold the Third District Court. I think that’s one reason that DCF isn’t going to appeal. Every single lower court just about has ruled against the law.

But still, you never know.

customartist
October 13th, 2010 | LINK

A little more piss in anita Bryant’s corn flakes – Yeaaay!

So just how many thousands of tax dollars is Attorney General Bill McCollum willing to flush down the tiolet???

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