7 posts tagged “florida”
The McFreeds revel in a small victory in court... This is just a first step to normal thinking. (CNN) -- A Florida circuit judge Tuesday struck down a 31-year-old state law that prevents gays and lesbians from adopting children, allowing a North Miami man to adopt two half-brothers he and his partner have raised as foster children since 2004. "There is no question, the blanket exclusion of gay applicants defeats Florida's goal of providing dependent children a permanent family through adoption," Judge Cindy S. Lederman wrote in her 53-page ruling. "The best interests of children are not preserved by prohibiting homosexual adoption." The state attorney general's office has appealed the decision. She said there is no moral or scientific reason for banning gays and lesbians from adopting, despite the state's arguments otherwise. The state argued that gays and lesbians have higher odds of suffering from depression, affective and anxiety disorders and substance abuse, and that their households are more unstable. Lederman said the ban violated children's right to permanency provided under the Florida statute and under the federal Adoption and Safe Families Act of 1997. Whether the ban violated the state's equal protection clause by singling out gays and lesbians should be considered, she said. Lederman's ruling paves the way for Martin Gill to legally adopt the two half-brothers, ages 4 and 8, whom he has cared for since December 2004, the American Civil Liberties Union said. The two boys, who are referred to as John and James Doe in court documents, were removed from their homes on allegations of abandonment and neglect. "On that December evening, John and James left a world of chronic neglect, emotional impoverishment and deprivation to enter a new world, foreign to them, that was nurturing, safe, structured and stimulating," Lederman wrote. In 2006, the children's respective fathers' rights were terminated, court documents said, and they remained in the care of Gill and his partner. "Our family just got a lot more to be thankful for this Thanksgiving," Gill said Tuesday, according to the ACLU, which represented him. Florida is the only state that specifically bans all "homosexual" people from adopting children, although it does allow them to be foster parents. This month, Arkansas voters approved a ballot measure to prohibit unmarried partners -- same-sex or opposite-sex couples -- from adopting children or from serving as foster parents. The measure is similar to one in Utah, which excludes same-sex couples indirectly through a statute barring all unmarried couples from adopting or taking in foster children. Mississippi allows single gays and lesbians to adopt, but prohibits same-sex couples from adopting. Neal Skene, spokesman for the Florida Department of Children and Families, said the appeal was filed so a statewide resolution on the law could be determined by an appellate court. He noted that another Florida circuit judge declared the law unconstitutional this year but that ruling had not been appealed. "We need a statewide determination by the appellate courts," he said. Gill's adoption petition cannot be approved until the appeal process is finished, Skene said, but the children will remain in Gill's home. "These are wonderful foster parents," Skene said. "It's just that we have a statute, [and] the statute is very clear on the issue of adoption." Several organizations -- including the National Adoption Center, the American Medical Association, the American Psychological Association and the American Academy of Pediatrics -- have said that having gay and lesbian parents does not negatively affect children. The Evan B. Donaldson Adoption Institute, a nonprofit organization that studies adoption and foster care, hailed the decision. "This ban, which was the only one of its kind in the country, has done nothing but undermine the prospects of boys and girls in the foster care system to get permanent, loving homes," said Adam Pertman, the Adoption Institute's executive director, in a written statement. "So this decision by Judge Lederman is a very important, hopeful ruling for children who need families."
CNN
The McFreeds share some news... Comedian Wanda Sykes came out at the JointheImpact.com Rally in Las Vegas, Nevada yesterday. Although out in her personal life, she had not come out publicly. She stunned the crowd by announcing not only was she a lesbian, but that she was one of 18,000 gays and lesbians who got married in California since the California Supreme Court made it legal in May 2008. We were big fans of hers but now we are bigger fans! Here is what Wanda said. After her speech she has a interview with the podcast hosts. There is a second interview with another protester after her interview.
Sean blabs again about the JoinTheImpact rally in Baltimore...
Here are my exact words I spoke to open the rally at Baltimore City Hall on November 15, 2008 at 1:30pm. Thought this little neighborhood and maybe Stefan and my family would enjoy reading it since they couldn't be there.
There was a moment of silence coordinated nationwide at 2pm to recoginize the 18,000 California families who had their marriages put in jeopardy by the passage of Proposition 8. That was really moving. Kyle & Cypher and Frank and Bill, I thought of you guys at that moment.
I also said some great things about Stefan of course to the crowd but I have bragged too much on here to you all, you would probably be bored out of your mind if you aren't already!
HELLO BALTIMORE!!!!
ARE YOU READY TO HAVE YOUR VOICE HEARD TODAY?!
AMERICA CAN’T HEAR YOU! (SAY AT LEAST ONCE)
ARE YOU READY TO HAVE YOUR VOICE HEARD TODAY?!
WE GATHER HERE TOGETHER TODAY AS…
NOT JUST AS A GAY/LESBIAN/BISEXUAL/TRANSGENDER/QUEER COMMUNITY,
NOT JUST AS STRAIGHT COMMUNITY,
NOT JUST AS MEN AND WOMEN,
NOT JUST AS A MEMBER OF A RACIAL, ETHNIC, OR RELIGIOUS GROUP
NOT JUST AS CONCERNED PARENTS AND FAMILIES
WE GATHER PEACEFULLY HERE TODAY AS AMERICANS TO SAY
NO TO HATE,
NO TO MISINFORMATION,
NO TO DISCRIMINATION BY BALLOT
WE COME HERE TO BALTIMORE CITY HALL TO PROTEST WITH THOUSANDS OF OTHER AMERICANS IN 300 U.S. CITIES AND ALL 50 STATES THE PASSAGE OF STATE BALLOT INITIATIVES THAT TOLD GAY AND LESBIAN FAMILIES THAT THEIR RIGHTS DO NOT MATTER.
YOU ALL KNOW THE FACTS…
IN CALIFORNIA, THE RIGHT TO MARRY UNDER STATE LAW WAS TAKEN AWAY BY PUBLIC VOTE.
IN FLORIDA, THE RIGHT TO MARRY OR OBTAIN A CIVIL UNION WAS BANNED BY PUBLIC VOTE.
IN ARIZONA, THE RIGHT TO MARRY WAS BANNED BY PUBLIC VOTE.
IN ARKANSAS, UNMARRIED GAY, LESBIAN, AND STRAIGHT COUPLES WERE BANNED FROM ADOPTING OR FOSTERING CHILDREN.
WITH ALL THIS TALK ABOUT AMERICAN VALUES THESE LAST FEW YEARS IS THIS WHAT WE WANT AMERICA TO STAND FOR?
THE REV. DR. MARTIN LUTHER KING JR. SAID ONCE THAT “The ultimate measure of a man is not where he stands in moments of comfort and convenience, but where he stands at times of challenge and controversy.”
DO YOU STAND TOGETHER IN THIS PLACE, AT THIS TIME, RIGHT NOW DETERMINED TO DEFEND EQUALITY IN AMERICA?
THEN LET’S GET THIS NATIONAL PROTEST STARTED! LET’S LET OUR FELLOW AMERICANS HEAR OUR VOICE TODAY! LET’S HEAR IT!!!!
THANK YOURSELVES FOR COMING TODAY! YOU ALL HEARD ABOUT THIS EVENT THROUGH THE INTERNET. YOUR FACEBOOK PAGE. YOUR MYSPACE FRIENDS. VIA FORWARDED EMAIL. VIA BLOG. VIA THE OLD FASHIONED WORD OF MOUTH! THANK YOU FOR COMING AND SHOWING YOU CARE.
TODAY WE ARE MAKING A FIRST DROP IN THE POND OF HISTORY. THE RIPPLE YOU CREATE TODAY WILL CHANGE AMERICA. TOGETHER WE WILL MOVE AMERICA FORWARD AND ENSURE ALL AMERICANS ARE CREATED EQUAL UNDER THE LAW.
Later I said...
Let’s say welcome to our opponents who are along for the ride with us today. Dr. Martin Luther King Jr. said once “Never succumb to the temptation of bitterness.” Today we will protest nonviolently and will change America without bitterness. Our purpose is to have America hear our voices, not to watch us throw a punch. We get no where with anger, we get everywhere with determination.
The McFreeds share the following letter from Barack Obama with you...
Dear Friends,
Thank you for the opportunity to welcome everyone to the Alice B. Toklas LGBT Democratic Club's Pride Breakfast and to congratulate you on continuing a legacy of success, stretching back thirty-six years. As one of the oldest and most influential LGBT organizations in the country, you have continually rallied to support Democratic candidates and causes, and have fought tirelessly to secure equal rights and opportunities for LGBT Americans in California and throughout the country.
As the Democratic nominee for President, I am proud to join with and support the LGBT community in an effort to set our nation on a course that recognizes LGBT Americans with full equality under the law. That is why I support extending fully equal rights and benefits to same-sex couples under both state and federal law. That is why I support repealing the Defense of Marriage Act and the "Don't Ask Don't Tell" policy, and the passage of fully inclusive laws to protect LGBT Americans from hate crimes and employment discrimination. And that is why I oppose the divisive and discriminatory efforts to amend the California Constitution, and similar efforts to amend the U.S. Constitution or those of other states.
For too long, issues of LGBT rights have been exploited by those seeking to divide us. It's time to move beyond polarization and live up to our founding promise of equality by treating all our citizens with dignity and respect. This is no less than a core issue about who we are as Democrats and as Americans.
Finally, I want to congratulate all of you who have shown your love for each other by getting married these last few weeks. My thanks again to the Alice B. Toklas LGBT Democratic Club for allowing me to be a part of today's celebration. I look forward to working with you in the coming months and years, and I wish you all continued success.
Sincerely,
Barack Obama
The McFreeds issue a radio tuning alert!...
Attention all Floridian major league baseball fans!!! The 2008 season has begun and that means Stefan's brother Andy Freed is working it on 1250 AM WHNZ radio with his on-air partner Dave Wills.
The Tampa Bay Rays made some changes in the off-season for the better and are slated as one of the teams to do well this year! As long as they don't beat the Boston Red Sox, Sean is excited to see the Rays win this year! If you love listening to baseball on radio, even if you are not a Rays fan, take a gander on how they call the game and tell them the McFreeds sent you! We try and catch all the games on mlb.com's audio set up which are also available on XM as well.
Sean reports...
Well as the Democratic Party continues to shoot itself in the foot over stupid decisions and rules, I found this story that makes a lot of sense to me but in the end may mean nothing. To me the Democrats have a point on being a private entity but when they are utilizing resources from the state doesn't taht factor into having to abide by legal statute? Enjoy!
ATLANTA (CNN) — The Democratic National Committee is violating the equal protection clause of the 14th Amendment by allowing only four states to hold caucuses or primaries before the first Tuesday in February, a Florida attorney argued Monday before a federal appeals court.
Attorney Michael Steinberg filed suit in August on behalf of Democratic Party activist Vincent Dimaio after the DNC said it would not seat Florida delegates at the national convention because the state party defied party rules and scheduled its primary for January 29.
A federal judge in Florida dismissed the lawsuit in October, but Dimaio appealed.
"You can't treat the citizens of some states differently than other states," Steinberg told reporters after the hearing. "What I tried to assert is that the DNC has the right to make rules … but the rules have to be the same for all the states."
According to party rules, only Iowa, South Carolina, Nevada and New Hampshire can schedule their primaries or caucuses prior to the first Tuesday in February. Steinberg argued that the 14th Amendment, which bars states from denying individuals equal protection under the law, should prohibit the DNC from creating rules that make the votes of the citizens of those four states "paramount to the rights of the voters in Florida."
Joe Sandler, attorney for the DNC, told the three-judge panel that the committee is a private entity and "is actually exercising its own constitutional right by not seating delegates."
"The point we were trying to make in court today is that it's up to the parties themselves to determine the best means of selecting delegates to the convention, and it's not really a matter for a court to resolve," he told reporters later.
Dimaio, who referred to himself as the "little guy" who speaks for Floridians, told reporters that it is unfair for only four states to be allowed to hold primaries or caucuses in January.
"If you go before February 5, you're basically screwed because you get no delegates," he said. "We've lost 210 delegates. We're the fourth largest state in the nation and we have zero delegates."
"I'm not asking for a penny, I'm not asking for a dime in this action," Dimaio said. "I'm just asking for my vote to count."
The appellate court is not expected to deliver a decision until next month. Steinberg, who is handling the case pro bono, said that if the ruling goes against Dimaio, he will appeal to the Supreme Court.
– CNN Correspondent Rusty Dornin
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