Another Judge Calls Florida Anti-Gay Adoption Law Unconstitutional, Grants Lesbian Couple Baby Boy

“There is no rational connection between sexual orientation and what is or is not in the best interest of a child,” says Florida Judge.

1/31/10-by Paula Brooks
A judge in Miami has called a third strike on a 1977 Florida law that bans LGBT couples from adopting children in the Sunshine State, after she approved judge approved the adoption of a 1-year-old girl by Vanessa Alenier, 34, and her partner Melanie Leon, 31, a Hollywood, FL lesbian couple.

“There is no rational connection between sexual orientation and what is or is not in the best interest of a child,” Miami-Dade Circuit Judge Maria Sampedro-Iglesia. She also called the anti-gay adoption law “unconstitutional on its face,” and that it could not be enforced.

“The permanent interests and benefit to all members of the adoptive household will be promoted by the adoption,” Sampedro-Iglesia wrote. Alenier “is a fit and proper person to adopt the child and has adequate resources and facilities to care for the child.”

Judge Sampedro-Iglesia’s ruling comes after a judge in Key West, Monroe Circuit Judge David J. Audlin, declared the law unconstitutional, after Audlin’s allowed a gay Key West lawyer, Wayne LaRue Smith, to adopt a boy he had been raising in foster care and Miami-Dade Circuit Judge Cindy Lederman approved the adoption of two half brothers by a gay North Miami foster parent, Frank Martin Gill, after she too said the law was unconstitutional.

Florida Department of Children & Families administrators, who objected to the adoption, has not yet decided whether they will appeal.

“We are currently reviewing the judge’s decision and will make a decision on an appeal within the 30-day period,” agency spokesman Joe Follick said to the MiamiHerald

Mathew Staver, founder and chairman of Orlando-based Liberty Counsel, called Sampedro-Iglesia’s ruling “evidence of judicial activism’ that violates state law.

“A judge is not a legislature onto oneself,” Staver said. “Judges don’t have the ability to write laws any way they desire. They have to follow the rule of law, and this judge did not.”

While a Miami appeals court is set to determined the constitutionality of the embattled adoption ban latter this year, the Miami Herald also noted that Sampedro-Iglesia’s ruling indicates that judges “already have made up their mind about gay adoption.”