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

By: customartist

customartist — Wed, 13 Oct 2010 17:00:46 +0000

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???

By: Stefano A

Stefano A — Wed, 13 Oct 2010 00:27:02 +0000

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.

By: johnathan

johnathan — Wed, 13 Oct 2010 00:09:34 +0000

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

By: Stefano A

Stefano A — Tue, 12 Oct 2010 23:51:49 +0000

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.

By: Stefano A

Stefano A — Tue, 12 Oct 2010 23:49:17 +0000

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.

By: Stefano A

Stefano A — Tue, 12 Oct 2010 23:46:02 +0000

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.

By: johnathan

johnathan — Tue, 12 Oct 2010 23:14:29 +0000

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>

By: Stefano A

Stefano A — Tue, 12 Oct 2010 22:25:18 +0000

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.