A third Florida judge has ruled against the state law prohibiting adoption by gays and lesbians.
Miami-Dade Circuit Judge Maria Sampedro-Iglesia approved the adoption of a one-year old by Vanessa Alenier, 34, who took custody after child welfare workers seized the child from one of Alenier’s relatives. With the blessing of her extended family, Alenier told the truth when filling out adoption papers because she didn’t want to begin her life as a parent with a lie.
Sampedro-Iglesia’s ruling said: “There is no rational connection between sexual orientation and what is or is not in the best interest of a child. The child is happy and thriving with [Alenier]. The only way to give this child permanency…is to allow him to be adopted.”
The judge also declared the 32-year-old Florida law unconstitutional.
Florida Department of Children and Family administrators, who opposed the adoption, are said to be considering whether to appeal. The ruling was made in early January and DCF has only 30 days to make its decision.
The state offered no witnesses or evidence in the case, simply relying on the law stating that adoption by homosexuals is illegal in Florida. Sampedro-Iglesia’s order also addressed that matter by arguing that the law could not be enforced.
“The permanent interests and benefit to all members of the adoptive household will be promoted by the adoption,” Sampedro-Iglesia said in the order. “[Alenier] is a fit and proper person to adopt the child and has adequate resources and facilities to care for the child.”
Alenier lives in Hollywood, Fla. with her partner Melanie Leon, 31.
Other rulings against the antiquated law have occurred over the past two years. On Aug. 29, 2008, Monroe Circuit Judge David J. Audlin signed an order declaring the law unconstitutional, clearing the way for Wayne LaRue Smith, a Key West lawyer, to adopt a son he had been raising in foster care.
The next month, Miami-Dade Circuit Judge Cindy Lederman allowed Frank Martin Gill, a North Miami man who also declared himself as gay on adoption papers, to adopt two half brothers. Like Smith, Gill had been raising the boys in foster care. The DCF did appeal that case, and it’s currently under review by Third District Court of Appeal in Miami. In the meantime, Gill has embraced activism, partnering with the American Civil Liberties Union on a 3-year campaign trying to get Florida’s gay adoption ban overturned.
