Adoption in Florida and the Argument for a Child's Restoration to a Family With Both a Mother and a Father

Jonathan Growick, Regent Law Juris Doctor Candidate for this May, 2011, has drafted an excellent article that considers the recent decisions in Florida on homosexual adoption, and the impact on the best interests of the child.  Entitled The Sunshine State's FLip FLop: The Best Interest of...Homosexuals? his work examines How to make the decision in Fla. Dep't of Children & Families v. X.X.G work in the best interests of Florida's children rather than Florida's adults. In contrast to Tuesday's post, Growick favors adoptive parenting by a mother and a father, rather than by two same sexed individuals.  He writes:

"Florida is known for its beautiful beaches, sunny weather, and delicious oranges.  What many people may not know is that until recently, Florida was the only state to directly ban homosexuals from adopting, without exception.  However, on September 22, 2010, that all changed. 

Florida did a so called flip flop. The Florida Court of Appeals for the Third District affirmed a Miami-Dade Circuit Court's ruling that a thirty-three year old ban on homosexual adoption is unconstitutional. The Florida Department of Children and Families, as well as Florida's Attorney General Bill McCollum, refused to appeal the decision to the Florida Supreme Court. As a result, homosexuals can now adopt children in Florida. Florida's Governor Charlie Crist praised the court's decision as 'a very good day for children. Children deserve a loving home.'

Just six years ago, however, the Federal Court of Appeals for the Eleventh Circuit upheld Florida's homosexual adoption ban.  The Florida Legislature has not changed the statute since then. So why the recent flip flop in Florida? 

This article presents an overview of the situation in Florida, looking at the main case[1] and statute in question.  It will further examine what has changed in the six short years since Florida's homosexual adoption ban was held constitutional.  It will then present several options Florida can take in light of the recent Florida Court of Appeal's decision. 

Looking at the legislature's intent, Florida's best interest of the child standards, and the Florida Court of Appeal's decision in Florida Department of Children and Families v. X.X.G., this article will conclude that Florida should act within the court's decision but create a preference system favoring the traditional family over homosexuals.  It will then challenge Florida's traditional families to support the preference system by adopting."

Read the entire article here.

[1] Fla. Dep't of Children & Families v. X.X.G., 45 So. 3d 79 (Fla. Dist. Ct. App. 3d Dist. 2010).

No comments:

Post a Comment