Comments on: Fla. gay adoption ban goes to state appeals court http://www.365gay.com/news/fla-gay-adoption-ban-goes-to-state-appeals-court/ The daily news source for the gay, lesbian, bisexual and transgender community Sun, 29 Jan 2012 17:11:12 +0000 hourly 1 http://wordpress.org/?v=3.1.4 By: Robert Katz http://www.365gay.com/news/fla-gay-adoption-ban-goes-to-state-appeals-court/comment-page-1/#comment-72058 Robert Katz Wed, 26 Aug 2009 22:38:16 +0000 http://www.365gay.com/?p=9310#comment-72058 State constitutions vary quite a bit in terms of basic rights and how those rights are construed. In California for example the state constitution includes a section that states (more or less) that rights given to one group of people must be given to all. Of course the Prop 8 ruling arguably violates that but...not the point here. The point is that state constitutions sometimes contain features that are not found in the US constitution and there may be case law within a given state that is pertinent there though it might not be pertinent elsewhere. ACLU attorneys are generally a pretty savvy group; they aren't prone to take on cases that don't have merit. I'd assume that they've found some plausible argument based on the state constitution. In any event, the process is in play and will be resolved one way or the other. I'd assume that the Florida Supreme Court is competent to make a determination as to what is or is not unconstitutional under their state's constitution. Or at any rate they are better able to make a cogent ruling on an issue of Florida constitutional law than a non-attorney from a different state would be. State constitutions vary quite a bit in terms of basic rights and how those rights are construed. In California for example the state constitution includes a section that states (more or less) that rights given to one group of people must be given to all. Of course the Prop 8 ruling arguably violates that but…not the point here. The point is that state constitutions sometimes contain features that are not found in the US constitution and there may be case law within a given state that is pertinent there though it might not be pertinent elsewhere.
ACLU attorneys are generally a pretty savvy group; they aren’t prone to take on cases that don’t have merit. I’d assume that they’ve found some plausible argument based on the state constitution. In any event, the process is in play and will be resolved one way or the other. I’d assume that the Florida Supreme Court is competent to make a determination as to what is or is not unconstitutional under their state’s constitution. Or at any rate they are better able to make a cogent ruling on an issue of Florida constitutional law than a non-attorney from a different state would be.

]]> By: Amarie http://www.365gay.com/news/fla-gay-adoption-ban-goes-to-state-appeals-court/comment-page-1/#comment-72057 Amarie Wed, 26 Aug 2009 22:31:50 +0000 http://www.365gay.com/?p=9310#comment-72057 Kari: How can you recognize that the law is discriminatory, but not see how that makes it unconstitutional? When a law creates classes of persons and then treats those classes of persons differently, it offends the equal protection and due process clauses of the Constitution, unless there is a sufficient state interest in making that distinction. I happen to beleive that no state interest supports discriminating against persons seeking to adopt solely based on their sexual orientation--even under rational basis scrutiny. I also believe that even an inexperienced attorney could make a rational equal protection/due process argument in this regard. Kari: How can you recognize that the law is discriminatory, but not see how that makes it unconstitutional? When a law creates classes of persons and then treats those classes of persons differently, it offends the equal protection and due process clauses of the Constitution, unless there is a sufficient state interest in making that distinction. I happen to beleive that no state interest supports discriminating against persons seeking to adopt solely based on their sexual orientation–even under rational basis scrutiny. I also believe that even an inexperienced attorney could make a rational equal protection/due process argument in this regard.

]]> By: Kari http://www.365gay.com/news/fla-gay-adoption-ban-goes-to-state-appeals-court/comment-page-1/#comment-72055 Kari Wed, 26 Aug 2009 21:36:17 +0000 http://www.365gay.com/?p=9310#comment-72055 Exactly how is the law unconstitutional? It's discriminatory and bad public policy, but I can't see any rational argument that it's unconstitutional. The Constitution doesn't stop legislators from enacting dumb laws. Exactly how is the law unconstitutional? It’s discriminatory and bad public policy, but I can’t see any rational argument that it’s unconstitutional.

The Constitution doesn’t stop legislators from enacting dumb laws.

]]> By: Drewski http://www.365gay.com/news/fla-gay-adoption-ban-goes-to-state-appeals-court/comment-page-1/#comment-72029 Drewski Wed, 26 Aug 2009 16:51:47 +0000 http://www.365gay.com/?p=9310#comment-72029 Following up on other posts, I swear I remember a Civics class (maybe 8th grade?) where we spent time discussing the THREE branches of government in the US. Separation of powers they called it. Seems that, in Florida, the judiciary must bow to the executive and legislative branches, which also means that the state constitution is all but worthless because it can be violated at whim. In more recent years, Pakistan had a similar debate. Unlike Florida, Pakistan upheld the power of the judiciary. Following up on other posts, I swear I remember a Civics class (maybe 8th grade?) where we spent time discussing the THREE branches of government in the US. Separation of powers they called it. Seems that, in Florida, the judiciary must bow to the executive and legislative branches, which also means that the state constitution is all but worthless because it can be violated at whim. In more recent years, Pakistan had a similar debate. Unlike Florida, Pakistan upheld the power of the judiciary.

]]> By: Don Roberts http://www.365gay.com/news/fla-gay-adoption-ban-goes-to-state-appeals-court/comment-page-1/#comment-72028 Don Roberts Wed, 26 Aug 2009 16:37:38 +0000 http://www.365gay.com/?p=9310#comment-72028 I thought the judicial system was to be a counterweight to the legislative and executive branches of government. The courts are to weigh laws and actions by either branch against the constitution. If a law or action is unconstitutional, then it is the judicial branches duty to strike such laws down. Where are they coming up with this term of "activist" judges? Such a term only applies when they, the judges, strike down a law that the conservative right wants in place. Under their ideals, the U.S. would only be a government run by mob politics based on fear and recrimination. I thought the judicial system was to be a counterweight to the legislative and executive branches of government. The courts are to weigh laws and actions by either branch against the constitution. If a law or action is unconstitutional, then it is the judicial branches duty to strike such laws down. Where are they coming up with this term of “activist” judges? Such a term only applies when they, the judges, strike down a law that the conservative right wants in place. Under their ideals, the U.S. would only be a government run by mob politics based on fear and recrimination.

]]> By: Jessica K http://www.365gay.com/news/fla-gay-adoption-ban-goes-to-state-appeals-court/comment-page-1/#comment-72025 Jessica K Wed, 26 Aug 2009 15:52:39 +0000 http://www.365gay.com/?p=9310#comment-72025 "State attorneys say the judge essentially legislated from the bench" FYI State Attorneys, it is part of the Judges job to declare unconstitutional laws unconstitutional. Just because you do not like his ruling it doesn't make him an activist judge nor is it legislating from the bench. “State attorneys say the judge essentially legislated from the bench”

FYI State Attorneys, it is part of the Judges job to declare unconstitutional laws unconstitutional.

Just because you do not like his ruling it doesn’t make him an activist judge nor is it legislating from the bench.

]]> By: Nathan Pannell http://www.365gay.com/news/fla-gay-adoption-ban-goes-to-state-appeals-court/comment-page-1/#comment-72024 Nathan Pannell Wed, 26 Aug 2009 15:49:00 +0000 http://www.365gay.com/?p=9310#comment-72024 These attorneys are fools because they have forgotten the role of the courts, they are to uphold the laws and if a law is in conflict with a higher law they have the authority and obligation to strike it down. What these men want is a court system that is not based on law but based upon their (the attorneys') own beliefs. It is unsettling these foolish attorneys have the jobs they have. These attorneys are fools because they have forgotten the role of the courts, they are to uphold the laws and if a law is in conflict with a higher law they have the authority and obligation to strike it down. What these men want is a court system that is not based on law but based upon their (the attorneys’) own beliefs. It is unsettling these foolish attorneys have the jobs they have.

]]> By: Ballston http://www.365gay.com/news/fla-gay-adoption-ban-goes-to-state-appeals-court/comment-page-1/#comment-72002 Ballston Wed, 26 Aug 2009 13:23:44 +0000 http://www.365gay.com/?p=9310#comment-72002 Anita Bryant's "Save Our Children" organization/movement's "success" of the early '70s lives on. Remember our slogan in opposition? A day without human rights is like a day withhout sunshine Anita Bryant’s “Save Our Children” organization/movement’s “success” of the early ’70s lives on. Remember our slogan in opposition?

A day without human rights is like a day withhout sunshine

]]>