Another Threat to Gay Adoption Failed in 2015

Earlier this year, there was another bill on the table in Florida regarding same-sex couples adopting, though that proposed law would have threatened gay adoption rights, not preserved them. HB 7111 would have allowed private adoption companies to deny adoption for gay couples by citing “religious or moral convictions or policies” without risking losing their adoption agency license from the state. Though the bill was presented as a protection of religious freedom, opponents maintained that it was no more than a thinly veiled attack on the equal rights of same-sex couples.

HB 7111 passed overwhelmingly in the Florida House of Representatives though it could not get passed in the Senate to be sent to Gov. Scott’s desk. Gov. Scott, however, has been a vocal supporter of the bill and would most certainly sign it if it passed through the legislature. Gov. Scott has stated that he hopes the bill will be proposed again in upcoming legislative sessions but, for now, private adoption agencies cannot legally deny adoption to couples because they are gay.

Family Law Rights Improve for Same-Sex Couples in Florida

In addition to formally lifting the ban on gay adoption, same-sex couples also received the right to legally marry and get divorced in Florida this year. The extension of numerous family law rights to gay couples also means that more same-sex couples may be headed into the state family courts to resolve any family-related legal disputes. These cases should be handled in the same manner and in accordance with the same family laws as any case involving opposite-sex spouses or parents.

Call an Experienced Florida Family Law Attorney for Assistance Today

Families can face many different types of legal issues, including adoption, paternity, divorce, child custody, domestic violence, and more. Boca Raton family law lawyer Alan R. Burton understands that many of these issues can be costly and stressful and he strives to handle every case in the most efficient manner possible. Mr. Burton thoroughly understands the ever-changing Florida family laws and knows how to apply them to your case to achieve the most favorable result for you. If you are facing a family law matter in Florida, call for a free consultation at (954) 229-1660 today.

Additionally, several same-sex couples who wish to marry in Florida have brought cases challenging the constitutionality of the gay marriage ban. As we have previously discussed on this blog, two county judges in Florida ruled in favor of the plaintiffs, stating that the ban on same-sex marriage was unconstitutional, serves no important government interest, and is unnecessarily discriminatory against same-sex couples and their families. The Florida Attorney General, Pam Bondi, immediately announced her intentions to appeal these decisions on behalf of the state and its current constitution.

Florida Supreme Court May Hear First Same-sex Case

The couple wishing to divorce, Mariama Monique Changamire Shaw and Keiba Lynn Shaw, requested that their case skip the Court of Appeals and go directly to the Supreme Court for an ultimate decision. After taking a second look at the case, the Court of Appeals voted 10-3 to pass the case through the appellate level and instead requested that the Florida Supreme Court decide the issue. Skipping the Court of Appeals will significantly speed up the process, possibly by years.

The majority explained that the case should be rushed as it is a matter of “public importance” and a swift resolution is vital to the “proper administration of justice.” Specifically, the majority stated that with the increasing number of states allowing valid same-sex marriages, more and more people may seek out divorces in Florida if they have moved there.

One dissenting appeals judge stated that this case is not about whether gay marriage should be legal in Florida, but is instead about whether the amendment denies same-sex couples their right of access to the courts, which is a constitutional right. He stated that since there were fewer same-sex couples seeking divorce in Florida than seeking to get married, this case was not one of “public importance” and should not be rushed to the top of the state justice system. The majority stated the dissenters underestimated the effects a delay in deciding the case may have.

Advocacy groups hope that the Supreme Court will not only agree to hear this case, but will also expedite other same-sex marriage cases to the highest state court and decide the many cases together. We will keep you updated on any new developments by the Supreme Court on this important family law issue.

If you have any type of family law matter, please do not hesitate to contact the office of Alan R. Burton for legal assistance today.