Bill McCollum drops gay adoption case, so Florida's ban is no more

[Dr.Phool]

Source: St. Pete Times.

Bill McCollum drops gay adoption case, so Florida's ban is no more

By Mary Ellen Klas, Times/Herald Tallahassee Bureau
Posted: Oct 22, 2010 04:39 PM


TALLAHASSEE — Attorney General Bill McCollum made it official Friday: the state's 33-year law banning the adoption of foster children by gay couples is dead.

After spending years fighting the constitutional challenge to the ban, even getting personally involved in the selection of an expert witness to defend the state's case, McCollum announced that he has decided not to appeal the ruling that threw out the state law.

An appeals court unanimously ruled last month that Florida's ban was unconstitutional. Gov. Charlie Crist and the Florida Department of Children and Families announced that they would not appeal the decision and only McCollum's office, which represents DCF, was left to decide whether to ask the Florida Supreme Court to consider the case.

"The constitutionality of the Florida law banning adoption by homosexuals is a divisive matter of great public interest,'' McCollum said in a statement. "As such, the final determination should rest with the Florida Supreme Court, not a lower appellate court.

"But after reviewing the merits of independently seeking Supreme Court review, following the decision of our client the Department of Children and Families not to appeal the decision of the Third District Court of Appeal, it is clear that this is not the right case to take to the Supreme Court for its determination.''

Read more: http://www.tampabay.com/news/politics/stateroundup/bill-mccollum-drops-gay-adoption-case-so-floridas-ban-is-no-more/1129752

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I bet if he didn't lose his primary to Skinhead Scott, he's keep appealing 'til his dying day.


Good news for gays. My wife works for the agency that handles foster care and adoptions, and they stopped enforcing the ban a while back.

[Pab Sungenis]

1. How sad is it that

a right-wing Republican dickhead is more progressive toward gay rights than our Democratic President?

[racaulk]

2. A Federal court rules the law unconstitutional, and the state *isn't* appealing the ruling?

Wait a minute, I thought the state was forced to appeal! That's what I've read on teh DU, after all.

If not, then why is Obama's DOJ appealing the DADT ruling?

Hmmm...

:crazy:

[TheWraith]

3. Exercise a little critical thinking, please.

This is not a federal law. The DOJ has nothing to do with it. And states have much wider leeway on appeals rules.

[racaulk]

5. Please see my reply in the other thread.

K&R on the OP, by the way. I'm glad that atrocious law is, at long last, dead! I'm sure Anita Bryant is pissed.

:hi:

[davidinalameda]

7. do they

how do they much wider leeway

do you have a statute to quote or are you just being a good little Obama apologist

[dballance]

9. DOJ is NOT NOT NOT Required to Appeal the DADT Ruling

The DOJ is not required to defend the DADT law or any law that gets thrown out by a court. It's more of a tradition than a requirement. In this case the DOJ and Obama are being spineless political creatures taking cover on a difficult issue right before an election. It disgusts me how they talk out of both sides of their mouths. I'm forced to hold my nose and vote for Dems because the alternative is so much more disturbing.

[Dappleganger]

4. It's about time!

Great news for those desperately wanting to adopt in this state!!!

[QC]

6. But he HAS to appeal it!1!!! He just HAS to!!1!!

:cry:

[davidinalameda]

8. it's times like this I wish we could recommend posts in threads

:toast:

[Historic NY]

10. Thankfully children now will having loving families to give them a life.

[Mika]

11. WTF. "Good news for gays."

Huh?

Thanks for posting the story. :hi:

But....

This is good news for all of us.... for an injury to one is an injury to all

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.

[HockeyMom]

12. What will a Rubio and/or Scott win do?

The prospects of these two makes my stomach churn.