2010 Florida court case ending homosexual adoption bans
In re: Gill
Court
Florida Third District Court of Appeal
Decided
September 22, 2010, in favor of Gill and his partner, who sought to adopt two foster children they had parented since 2004 at the state's behest, thus striking down Florida's anti-gay adoption law.
Citation(s)
45 So.3d 79
Case history
Prior action(s)
Eleventh Circuit Court found in favor of petitioner, 2008; ruling had been appealed by the State of Florida.
Subsequent action(s)
On October 22, 2010, Florida Attorney General Bill McCollum announced he would not pursue the case further, bringing the issue to a close.
Court membership
Judge(s) sitting
Gerald B. Cope, Jr., two others
Keywords
adoption, LGBT rights
In re: Gill is a landmark Florida court case that in 2010 ended Florida's 33-year ban on adoptions by homosexuals. In 2007, Frank Martin Gill, an openly gay man, had petitioned the circuit court to adopt two boys that he and his partner had been raising as foster children since 2004. Gill was prohibited from adopting by a 1977 Florida law prohibiting adoption by gay men and lesbians in that state.[1] After a four-day trial challenging the law, on November 25, 2008, Judge Cindy S. Lederman declared the ban violated the equal protection rights of the children and their prospective parents under the Florida Constitution, and granted Gill's adoption request.[2]
The state of Florida appealed the trial court decision.[3] Oral arguments were heard by a three judge panel of the Florida Third District Court of Appeal on August 26, 2009.[4] The district court upheld the trial court's ruling in favor of the plaintiffs on September 22, 2010,[5] and the state declined to pursue any further appeals, thus effectively nullifying the anti-gay adoption statute.
The Florida Legislature undertook comprehensive adoption reform in 2015, repealing the 1977 ban on homosexual adoption, which the state had not enforced since 2010.[6][7]
^ACLU, "In re: Gill - Case Profile", January 19, 2011.
^Almanzar, Yolanne, "Florida Gay Adoption Ban Is Ruled Unconstitutional", New York Times, November 25, 2008.
^Morales, Ileana, "Gay Adoption before Florida Legislature, courts", Associated Press, April 29, 2009.
^Anderson, Curt "Fla. gay adoption ban goes to appeals court", Associated Press, August 26, 2009.
^"In re: Gill - Case Profile". American Civil Liberties Union. Retrieved January 4, 2012.
^"Gay adoption ban stricken from Florida laws after 4 decades". The Tampa Tribune. June 11, 2015. Archived from the original on June 15, 2015. Retrieved July 10, 2019.
^Gay adoption ban stricken from Florida laws after four decades
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