Florida ban on adoption by Homosexuals struck down

September 22, 2010

The Florida Third District Court of Appeals today affirmed a trial court, finding that F.S.A 63.042(3) violates the Equal Protection provision found in Article I, Section 2, of the Florida Constitution. The court upheld an adoption by a homosexual parent where both sides agreed that it would be in the best interest of the children and that the father is a fit parent.

The Court concluded that there was no rational basis for the statute banning homosexual adoption, and while recognizing that the legislature is allowed to make classifications when enacting statutes,

The classifications must, however, be “based on a real difference which is reasonably related to the subject and purpose of the regulation.” Id. (Emphasis added). “The reason for the equal protection clause was to assure that there would be no second class citizens.” Ostendorf v. Turner, 426 So.2d 539, 545-46 (Fla.1982).

The decision is available at 2010 WL 3655782
Submitted by
West Reference Attorneys