Court rules Florida must allow gay adoptions

September 24, 2010

A Florida appeals court has ruled that a 1977 state law forbidding adoption by homosexual persons is unconstitutional. “It is difficult to see any rational basis in utilizing homosexual persons as foster parents or guardians on a temporary or permanent basis while imposing a blanket prohibition on adoption by those same persons,” the three judges ruled in a unanimous decision. Governor Charlie Crist praised the court ruling.

In 1992, the Congregation for the Doctrine of the Faith urged bishops to oppose legislation that permits adoption or foster care by homosexual persons.

“Sexual orientation” does not constitute a quality comparable to race, ethnic background, etc. in respect to non-discrimination. Unlike these, homosexual orientation is an objective disorder (cf. Letter, no. 3) and evokes moral concern. There are areas in which it is not unjust discrimination to take sexual orientation into account, for example, in the placement of children for adoption or foster care, in employment of teachers or athletic coaches, and in military recruitment …

Since in the assessment of proposed legislation uppermost concern should be given to the responsibility to defend and promote family life, strict attention should be paid to the single provisions of proposed measures. How would they affect adoption or foster care? Would they protect homosexual acts, public or private? Do they confer equivalent family status on homosexual unions, for example, in respect to public housing or by entitling the homosexual partner to the privileges of employment which could include such things as “family” participation in the health benefits given to employees?

 

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Further information:

• Appeals court: Florida ban on gay adoption unconstitutional (Palm Beach Post)
• Congregation for the Doctrine of the Faith: Some Considerations Concerning the Response to Legislative Proposals on the Non-Discrimination of Homosexual Persons (1992)