Florida was the only state in the nation that prohibited gays from adopting children. It’s hard to see how such a law could have withstand an equal protection claim, and it appears a Florida state appellate court thought the same. Rather than appeal to the state Supreme Court, Florida Attorney General Bill McCollum let the law die.
Here’s the AP story, via the Miami Herald:
In a statement, McCollum said the issue “is a divisive matter of great public interest” and eventually should be resolved by the high court.
“But after reviewing the merits of independently seeking Supreme Court review, following the decision of our client, the Department of Children & Families, not to appeal ... it is clear this is not the right case,” McCollum said.
The department previously announced it no longer would enforce the ban and was changing its forms so adoptive parents aren’t asked if they’re homosexuals.
“No doubt, someday, a more suitable case will give the Supreme Court the opportunity to uphold the constitutionality of this law,” McCollum said.
I disagree, but we may someday see.