High court lets stand ban on gay adoption

High court lets stand ban on gay adoption



By Cheryl Wetzstein
THE WASHINGTON TIMES

The U.S. Supreme Court yesterday declined without comment to hear a challenge to a 1977 Florida law that prevents homosexuals from adopting children.
The rejection means that Florida's uniquely worded law — "no person eligible to adopt under this statute may adopt if that person is a homosexual" — will stand.
It dashes hopes by homosexual rights groups that the high court would review the state law, which clearly discriminates against homosexuals.



... more at linked article

This one has me confused. We have, on the one side, the moral high-ground by saying that abortion is wrong, consider adoption instead, while at the same time we may -- and apparently by law in Florida, will -- automatically disqualify individuals that wish to adopt because of their sexual orientation.

I don't personally think Homosexuality is the most "moral" lifestyle, but I also don't think it should necessarily keep someone that wishes to provide a good home for a child from having that opportunity.

Without reading too much of the history of this case, I'm left wondering if the reasoning for the ban is because of fears of pedophilia, or is it more just an outright rejection of homosexuality?

Either way, the idea that there are still plenty of children in need of loving homes while some individuals that may be very well qualified are turned away just makes me sad.
16,124 views 46 replies
Reply #1 Top
Supreme Court = Scared to say anything

This ban is ludicrous.

homesexual doesn't necessarily mean "unfit"

heterosexual doesn't necessarily mean "fit"

I really respect your commentary, though, it's very thoughtful about the whole situation.

Cheers.
Reply #2 Top
Why not make kids illegal, then the problem will go away in a generation or so...
Reply #3 Top
Why not make kids illegal, then the problem will go away in a generation or so...


Pardon?

Now, I hate to say this but my gut reaction to a gay couple having children is disturbing. I think that you have to be careful about younger children who don't understand, and who thing that parents are a dad and a mom. I know personally I would feel slightly disturbed having a gay couple as my parents. While I have nothing against gay people, mothers are more tender and loving. And if there are two men in the family, won't they both work. I feel that a child should always have a mother, and I know this may be old fashioned, but mothers are what a child (or at least a young child) needs. So a lesbian couple would make me feel better than a male couple. Despite this, I feel that children older 10, who understand they were being adopted by two gay men or women, should be allowed to accept this and this should be allowed. Now also understand that many of the children that don't get adopted are not wanted. There is a shortage of under 1 year of age white children. It is sad, but its life that people shoul,d not want older or black children, but I guess if I think about it if I had to adopt someone I would want them to be my skin color if possible and I would want them to be very young so they actually thought of me as their parents from birth even though I would be open with them about it.
Reply #4 Top

Reply #2 By: Danny Bassette - 1/11/2005 11:59:19 AM
Why not make kids illegal, then the problem will go away in a generation or so...


Yeah. it didn't work on homosexuals, maybe it'll work on kids.
Reply #5 Top
Now, I hate to say this but my gut reaction to a gay couple having children is disturbing.


If you hate to say it, then why say it? I'd hate to say such bigoted things, too. Which is why I don't.

younger children who don't understand, and who thing that parents are a dad and a mom


Single parents? Kids who don't know one parent? Kids are more aware and able to handle things better than we think. Kids grow up thinking dad and mom only if that's all they've known. A kid with two moms/dads would think it was fine until society (people like you) went "eeeewwwww noooooo"

And if there are two men in the family, won't they both work.


Um are there no heterosexual couples where both parents work? I mean, I THOUGHT there were heterosexual couples in which both parents worked. This logic is laughable.

if I had to adopt someone I would want them to be my skin color if possible


A racist, too? Wow. And I thought you were a liberal. But all that's pretty Bible thumper type stuff.
Reply #6 Top
A racist, too? Wow. And I thought you were a liberal. But all that's pretty Bible thumper type stuff.


I am just telling you what my preferences would be for my own child. I would want my child to be as much like me as possible I would like to be able to pass them off as my child without everyone knowing they were adopted because they have a different skin color. If I came to know a child then there skin color wouldn't matter if I felt attached to them, but if I had to sign up for a waiting list those would be my preferences.

Now, I just gave you my first reaction to the prospect of what if my parents were two men.

And you will notice that courts rarely give custody to the men in a divorce, so I can understand where the court would feel that it is in the best interest of the child to be in a household with a mother.

Reply #7 Top

There are a lot of people who would claim not giving custody rights to a man in the divorce is not good either, especially when the father has been proven to be a better parent.


Besides, how many adults out there really try to pass a child off as their own if they're adopted.  I'm not saying they would flaunt the fact, but I would think that as long as the parents let the child know they were loved and protected, what's the harm in letting any two people in a long term committed relationship adopt a child.


Cheers

Reply #8 Top
Can single people adopt children, and if so, do they have a harder time adopting a child than a heterosexual couple?
Reply #9 Top

Reply #8 By: Juxtaposition - 1/11/2005 6:26:14 PM
Can single people adopt children, and if so, do they have a harder time adopting a child than a heterosexual couple?


Yes they can and usually do.
Reply #10 Top
Thanks! I asked 'cause I think the homosexual couples should have as much chance of adopting a child as singles, who are also not traditional families.
Reply #11 Top
Wow, this is one of those... "law" things.

Once upon a time, the way to change a law was through the democratic process; changing minds, getting out there and getting the people inspired enough to effect their legislators. Now, though, the way to change a law is to have it ruled "unconstitutional", whether the Constitution deals with it or not.

If people endeavoring to make change this way seem like they are swimming upstream, it is because they are. They are end-running the process of governance to impose their will on the very people who approved the laws and elected the people who passed them.

So, if they want to overturn the law, they need to change the minds of the people. If Florida is ready as a state to allow gay adoption, then it would be a simple matter to change the law in the legislature. If they AREN'T, then the issue isn't really the law, is it?

Reply #12 Top
Wow, this is one of those... "law" things.
Once upon a time, the way to change a law was through the democratic process; changing minds, getting out there and getting the people inspired enough to effect their legislators. Now, though, the way to change a law is to have it ruled "unconstitutional", whether the Constitution deals with it or not.
If people endeavoring to make change this way seem like they are swimming upstream, it is because they are. They are end-running the process of governance to impose their will on the very people who approved the laws and elected the people who passed them.
So, if they want to overturn the law, they need to change the minds of the people. If Florida is ready as a state to allow gay adoption, then it would be a simple matter to change the law in the legislature. If they AREN'T, then the issue isn't really the law, is it?


Well, there are some things that are unconstitutional and then the minority who finds the law repressive has the right to have it declared so. This is a protection for the minority. In fact, our courts are for the protection of the minority from opressing and unconstitutional laws.
Reply #13 Top
"Well, there are some things that are unconstitutional and then the minority who finds the law repressive has the right to have it declared so. This is a protection for the minority. In fact, our courts are for the protection of the minority from opressing and unconstitutional laws."

Unconstitutional... to you. To the people who approve of the law it isn't. Homosexuals simply share a sexual preference. There's nothing self-apparent about homosexuals being protected any more than people who prefer vanilla ice cream over chocolate. People persist in thinking that everyone agrees that homosexuals are a "group" or a "minority". They don't .

Adoption isn't a "right", in any sense of the word. No more than any other license issued by the government, like marriage or driver's licenses. There are insane numbers of hoops to jump through; economical, social, to adopt a child, and many are very, very descriminatory. The system makes no apologies; their key interest is the well-being of the child. The mentally retarded are generally not allowed to adopt, and doubly protected by civil rights laws since they are handicapped.

I can't descriminate against a handicapped person unless it effects their ability to do the job. Florida voters, though, at least in 1977, decided that homosexuals didn't meet their standards for adoption. Now YOU may not agree that homosexuality is a reason to prevent people from adopting, but unless you are a voter in Florida, it isn't your call to make.

You can rattle and cough and blow your nose, but eventually the pneumonia will kill you unless you treat the disease instead of the symptoms. Replacing one form of oppression with another isn't a solution. One group shoves an ideal down the throats of the minority, the minority does some legal manuvering and shoves their will down the throats of the majority.

What ISN'T being addressed is the concerns of the public. You can make a minority out of any group that shares a characteristic. In general, people don't have a lot of respect for people who use the courts to force social change. Instead of acclimating the public to their point-of-view, they just brandish a court order and let them steep in their hate.

You either want real change, or you want to impose your will. If homosexuals in this case are satisfied to impose their will on the majority and live with the consequences, fine. In the long run, though, allowing people to change the laws themselves is the only way to preserve Democracy and not create more angst than is already there.

Reply #14 Top
Homosexuality isn't a choice, and I personally feel that being in a wheel chair takes more away from being a parent then being gay.

The people who approve a law don't decide its constitutionality. Hence the three branches of our government.
Reply #16 Top
Homosexuality isn't a choice, and I personally feel that being in a wheel chair takes more away from being a parent then being gay.


But does being disabled and therefore not as able to care for a child as a traditional family mean that it's all right to discriminate against a minority?
Reply #17 Top
No. No it does not. But nor does it afford the right to discriminate against gays.
Reply #18 Top
Homosexuality isn't a choice, and I personally feel that being in a wheel chair takes more away from being a parent then being gay.

Pardon? I choose to prefer vanilla ice cream to chocolate? Nope, my preference is probably as chemical as you suppose homosexuality to be. Differences like severe handicaps and low intelligence are often genetic as well, and prevent people from adopting. The issue here is whether homosexuality affects the ability to be a parent. YOU think it doesn't. Others differ. Why do you get to choose? Why should a single judge decide?

According to you a preference for people of the same sex is a natural inclination, genetics. According to many people so is addiction, criminal behavior, pedophelia, and any number of other characteristics, many of which cause people to be dealt with differently by society. Descrimination is reality. The only difference here is your opinion that homosexuality isn't harmful to parenting. Others differ. You get to decide for the people of Florida? Should some courts decide? Some blind document written 200 years ago with no mention of homosexuality in it? Hardly.

You and Jesusstayscrunchy have decided that your opinions are so self apparent that they are somehow constitutionally mandated, all the while bitching about others imposing their own will. The fact is, though, that there's nothing other than OPINION to differentiate homosexuals from any other class we OPT to discriminate against in this nation. You just want to impose YOUR opinion of homosexuality, your idea of truth concerning homosexuality.

Maybe if you worked to change people's minds, no imposition would be necessary.

Reply #19 Top
Bakerstreet. you are DEAD wrong. Homosexuality is not a choice, though choosing to live in an openly homosexual fashion. Do you choose to be attracted to women? No. Its just who you are attracted to. Likewise, if you were to be attracted to men, it wouldn't be because you chose to. Ask any gay and they will tell you they did not choose this, that this has been with them since they started feeling sexual thoughts. The constitution protects ones right to live in the manner they find natural, just like the constitution protects your attraction to ice cream in allowing you to eat and buy it. The constituion even goes so far as to allow you the choice of what ice cream you want: chocolate vanilla or trout as I saw on Iron Chef. The point is, homosexuality isnt a choice and it IS protected by the constitution. Try rolling that up in your pipe and smoking it, savor the flavor of freedom and tell me what you think.
Reply #20 Top

When did i say they chose to be gay? I don't know if they do or not, considering there's no scientific proof either way, just OPINION. As always, your opinion is law, and that of others is subordinate. Homosexuality isn't any more protected by the constitution than polygamy. If people decide it is socially acceptable, they'll ALLOW homosexuals equal status constitutionally, just like they decided other minorities were "equal". Impose all you like, you're just being what you are railing against.

The Constitution itself hasn't changed, and yet our society has changed immensly since the late 1700's. Why? Because people's minds have changed. People read it differently over time.

Now, though, we want to impose the opposite. Imposed social change enforced through interpretation by a teeny minority, most of which were appointed, not elected. There's a healthy system, huh? In this case you seem to have a problem with it, lol. Other times, arbitrary judgments like this are fine with you. I guess as long as you agree with them imposed rule by court is fine.

You don't have the right to impose your own criteria on adoption, unless you have something more than opinion. To you homosexuality is natural and not harmful. People differ. So far, all you offer concerning homosexuals are your beliefs. That is all that others are operating with as well. Your beliefs trump theirs?

Reply #21 Top

No. No it does not. But nor does it afford the right to discriminate against gays.


When you think about it though, if it's wrong to discriminate against homosexuals because of who they are, that should hold true for all the criteria that prevents people from getting children. Without such discrimination in practice, as long as somebody's an adult and not a felon, they should be given a child at will.

Reply #22 Top

Reply #14 By: sandy2 - 1/11/2005 10:13:57 PM
Homosexuality isn't a choice, and I personally feel that being in a wheel chair takes more away from being a parent then being gay.


So now your say being homosexual is genetic? False. No basis in scientific fact. Either it's choice or genetic.
Reply #23 Top
"So now your say being homosexual is genetic? False. No basis in scientific fact. Either it's choice or genetic."

And the question is a complete diversion by those who pose it here. People are disqualified from adoption for things they choose, and others are disqualified for things beyond their control. Whether homosexuality is one or the other is immaterial.

What is in question is whose belief system has pre-eminance. Sandy2 and Jesusstayscrunchy believe that homosexuality is okay and not harmful to adopted kids. The lawmakers in Florida tended to think differently in 1977. Neither opinion is based on objective fact, both are based on belief.

So, do we force the beliefs of a minority down the throats of the majority, or do we strive as other minorities have done to change the hearts and minds of people and let them make their own decision? Here, we see that rule by judge isn't kosher for Sandy and the rest. If they had overturned the law, then rule by judge would have been fine. In essence, if the judge interperates the constitution according to Sandy's beliefs, she's all for it.

The sad part in this case is we don't even have the opinion of the majority. This wasn't an attempt at referrendum, it was an end-run around a law made almost 30 years ago. Don't the people even have the right to be asked?

Don't fool yourselves. Our society isn't based on self-evident truths. It is based on those truths WE FIND TO BE self-evident. Our opinion, our beliefs of what is true. Over the centuries we have changed our collective mind about a lot of stuff, and our interpretation of the constitution has changed along with it. Until the will of the people changed to a substantial degree, though, change was impossible.

These activists should be making people understand their beliefs about homosexuality, then there'd be no problem with laws like this. Instead, they assume that the masses are less socially evolved and try to force social change on them by relying on the power of individual judges, most of which weren't even elected.

Reply #24 Top
Bakerstreet, you seem to not understand the concept of constitutionality. It doesn't really matter if voters feel I would make an unfit father, because I like you, have the constitutional right to have children. Likewise, that can not be taken away from people by a law passed, but rather by a court who deems ON AN INDIVIDUAL basis if certain people do not make fit parents. Generalizations like "gays would make bad parents" are both unnaceptable and unlawful. Law can not group people together and then deny their inherent rights. Now, Both DrMiller and Bakerstreet seem to not understand what I said. I said being gay is not a choice. How do I know? Ask any gay person and see what they say, and I have asked quite a few. Not one has said they haven't always felt this way. Not one has been able to prove that your sexuality is genetic, but I know I don't choose to be straight so likewise you don't choose to be gay. If we look back in history, we see there have always been gays, and we can see in nature that homosexuality does exsist in animals. Since animals don't make the same choices humans do, and combined with the opinions of the gays themselves, I feel it is pretty safe to say it has soemthing to do with genetics when someone is gay.
Reply #25 Top
Well, while I don't agree that every homosexual is fit to be a parent, I think that homosexuality alone shouldn't the disqualifying reason.

BakerStreet would disagree with anything I said, though, because he is a sad, bitter man who loves to be sad and bitter toward me.

It's amusing.