VICTORY!

On September 22, 2010, Florida's unique law banning gay people from adopting was declared unconstitutional by Florida's Third District Court of Appeal. ACLU plaintiff Martin Gill and his family are finally -- after a nearly five-year legal battle -- able to breath a sigh of relief that state officials will not, one day, come knocking on their door to break up their family. This means that all gay, lesbian and bisexual people have the chance to adopt on the same terms as everyone else. It also means that children in Florida's troubled foster care system will have more opportunities to be part of a permanent, loving and stable family.

The ACLU has been litigating this issue in Florida for nearly 18 years. The Martin Gill case is the first time that the full breadth of social science and child welfare expertise was brought to the table and tried in court -- and one thing was made clear: being gay or straight has no bearing on whether a person will be a good parent.

While the recent court decision has removed the ban on adoption by gay men and lesbians after 33 years on the books, there is still much work to do. The newspaper ink was still fresh with reports of our victory when our opponents announced that they will try to resuscitate the ban through the legislature or by a ballot initiative to amend Florida's Constitution. This did not come as a surprise and, while we are relishing the current triumph, we must re-double our efforts and work to protect our historic victory.

Are you gay, lesbian, or bisexual and thinking of adopting in Florida? Get answers to your questions with this FAQ: WHAT DOES THE ADOPTION DECISION MEAN FOR ME AND MY FAMILY?

Press Materials from Gill Adoption Trial Decision
Miami, FL | Tuesday, November 25, 2008

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