Jacksonville Divorce Lawyer Blog
The Florida Department of Children & Families has decided that it will not appeal last month’s 3rd Circuit Court of Appeals decision overturning the state’s 30-year-old ban on gays and lesbians adopting children.
According to news reports, the only way the case would remain alive would be if the state’s Attorney General decided to appeal to the Florida Supreme Court to allow the gay adoption ban to continue. The decision to appeal must be made by October 21, and the Attorney General’s office has said that it is not sure how it will proceed, but will meet with DCF attorneys to discuss the case.
The case that resulted in the overturn of the gay adoption ban involved a gay foster parent, Martin Gill, who wished to adopt two boys who were placed in his care by the Department of Children & Families after they were removed from their home because of neglect. At the time, Florida law allowed gay men and lesbians to serve as foster parents and guardians.
Gill was not approved for adoption because of the ban. He sued, and the trial court ruled that the ban was unconstitutional. The DCF appealed the ruling and the appeals court concurred with the trial court that the ban was unconstitutional because it violated equal protection under the law.