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steve-b Florida's strict law banning adoption of children by gay people was found unconstitutional Tuesday by a state judge who declared there was no legal or scientific reason for sexual orientation alone to prohibit anyone from adopting. Miami-Dade Circuit Judge Cindy Lederman said the 31-year-old law violates equal protection rights for the children and their prospective gay parents, rejecting the state's arguments that there is "a supposed dark cloud hovering over homes of homosexuals and their children." She also noted that gay people are allowed to be foster parents in Florida....
View Replies To: steve-b Does this mean if I get elected to the bench, I can rule however I please on laws to suit my personal agenda ? If so, I got a $hitload of things that need changing tout de suite.
View Replies To: steve-b This sounds like a case where the judge has ruled that the state law in not based in logic (at least in her view and some of the expert witnesses) and thus not valid. It would seem to me in adoption cases, the state has loco parentis rights and, in the judgment of the legislature and executive branch, these children are best raised with heterosexual parents. With this reasoning, a judge can supplant any parental decision based on the court's interpretation of what is in the child's interest. It would seem to me that a state can pass laws based on "because we want to" and not have to scientifically justify each law.
View Replies To: steve-b Can someone explain something to me? Every time Congress or a state passes a law liberals don't like they find a judge to declare it "unconstitutional" in about 10 minutes. Even if their reasoning is pulled out of their ample behinds, it has the benefit of tying up the legislation for years. So I've been wondering, where's our conservative judges that can pull the same tricks with legislation we don't like? I thought it would be just so cool if some little judge from, say Oklahoma slapped an injunction on the bailout, calling it unconstitutional...
View Replies To: steve-b Do these females that get appointed to judgeships, then once in office, go crazy with their perosnal lives and turn homo? Is it a by-product of their power and part of their feeling that they are like gods?
View Replies To: pissant The legislature should simply say "Sorry, judges have no authority to legislate from the bench, so your pronouncement has no authority".
lady lawyer People, and legislatures, need to refuse to obey judges legislating from the bench. Just say no: don't be ruled by those with zero legal authority to rule you.
View Replies To: pissant Clear this up for me - how is striking down a law legislating? I am not arguing -and I am completely opposed to the ruling. I am looking for an opportunity to learn here, because I am not seeing it.
View Replies To: steve-b I think we are fast approaching a tipping point in this republic. The crap constantly dumped on the American people by reprobate despotic oligarchs is quickly approaching critical mass. I wonder how long the day until something "unfortunate" occurs. Men will take only so much abuse before they act out of desperation.
View Replies To: rudman Just like marriage laws and divorce laws that most states have had for decades if not centuries, adoption laws are a LEGISLATIVE function. You can't marry your sister, you can't adopt if you have no income, you have to pay child support, etc etc. For the judges to change the law because it is their unlearned opinion that these things should be allowed, or banned as the case may be, is a huge overstep of authority.
View Replies To: rudman We are not here discussing Jim Crowe Laws... Homosexuality is about A BEHAVIOR, NOT AN IMMUTABLE CHARACTERISTIC; although reprobates work hard to bracket the issue in terms of "civil rights" ... That constitutes judicial activism, legislating from the bench.
View Replies To: TCH Man, if that don't picture yell "butch dyke," then I don't know what would. this is the same Miami court system that gave us Janet Reno. Aren't you glad they never put out a "cheesecake" calendar at the end of the year.
View Replies To: Extremely Extreme Extremist we got the marriage ban passed with over 62 to their 30 plus so I see no reason why we will not get an appeal and then let the supreme court deal with it plus we can get a constitutional amendment for this too. the thing what bothers me is why do we go through all of this, getting signatures, to get it on the ballot, then get the vote hopefully passed where as they just go to a judge and get everything overturned why are we not doing the same, surely there has to be a least one conservative judge we can go to instead of doing all the hard work everytime. as for kids getting adopted it is wrong and I know as I grew up through the foster care system and I know what kids want. One kid did get adopted, cut a long story short the boy killed himself because saw mother having homosexual play here and there.
View Replies To: steve-b so with this ruling, surely it is now not law for homo's to get their hands on kids? I assume if it is law then there will be an appeal and let it go to the supreme court of FL where it is more conservative as is the legislature.
View Replies To: PeterFinn we go through all the hard work every time in every state to get the law sealed tight so why do liberals just get a judges to throw out laws and make new laws surely this can't be lawful right now. I infact better hope there is an appeal to the higher court , and then this judges is thrown out by the legislature this is outrageous. we have just got the amendment to marriage and now they go and get a liberal judge to give them a new law.
totally mad, a law I hope exists or one had better me made by a conservative judge like they do stating that only married couples can adopt. and then the homo's will not be able to adopt kids here . fed up of doing everything the hard way while they go and get a judge to make new laws while throwing other laws out.
We were founded as a Christian nation, but now society seems to be turning away from its roots. their chosen way of life shouldn't just be accommodated by the law in this way.
View Replies To: Karalius If I had my way I would make it law for them to seek mental hope as they need it. They then would have no access to our children, no marriage, no access to our great military and judges who overstep their bounds like this boy girl one should be immediately fired. Their agenda has seriously made this country go down to bits. we either all speak up to friends, neighbors , media, get the GOP to speak out , why do not I do not know as the majority do not approve of them, ban any films TV with homo's in it or showing homo's.
View Replies To: little jeremiah here's the article I was on about and still fuming over surely an appeal would go in right? How this judge can do this is beyond me, she has just got rid of a law because she doesn't agree with it.
View Replies To: manc just read that there is an appeal so hopefully the supreme court can throw her ruling out question from me is is the FL supreme court more conservative and does it look good for us in this?
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