Another judge subverts the will of the people

Judicial activism spotlighted in adoption case; state will appeal

Miami-Dade Circuit Judge Cindy Lederman has ruled that a strict Florida law that blocks same-sex couples from adopting children is unconstitutional. The judge said there was no legal or scientific reason for sexual orientation alone to prohibit anyone from adopting.

Judge Lederman said the 31-year-old law violates equal protection rights for children and their prospective homosexual parents, rejecting the state’s arguments.

She noted that gay people are allowed to be foster parents in Florida. “There is no rational basis to prohibit gay parents from adopting,” she wrote in a 53-page ruling.

Florida is the only state with an outright ban on gay adoption. Arkansas voters last month approved a measure similar to a law in Utah that bans any unmarried straight or gay couples from adopting or fostering children. Mississippi bans gay couples, but not single gays, from adopting.

Florida Assistant Attorney General Valerie Martin said an appeal would be filed on behalf of the state Department of Children & Families, likely setting up a battle that could reach the Florida Supreme Court.

John Stemberger, chairman of a successful drive earlier this month to pass a constitutional amendment banning gay marriage in Florida, called the ruling “classic judicial activism” and predicted it would be reversed on appeal.

“Everywhere in the law where children are affected, the standard must always be what is in the best interest of the child,” said Stemberger, an attorney in Orlando. “What is stunning to me is that when it comes to dealing with gays, that standard goes out the window. Children do better with a mother and a father.”

The AP report is here.

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8 Responses to Another judge subverts the will of the people

  1. AZ Conservative Guy says:

    This is another excellent example of why we should elect our judges. Arizona’s judicial retention ballot is a joke. Not a single judge has been removed in over three decades.

  2. Villanova says:

    My neighbor actually thought he was electing judges. I painstakingly explained what a farce the system is. It is nothing more than smoke and mirror deception of the public and a guarantee of lifetime employment until mandatory retirement at age 70, with retirement benefits most people would be happy to work a 40-plus hour week to receive.

  3. Kelly says:

    Just like California, where the vote of the people means nothing. No wonder there is such a high degree of voter apathy.

  4. Marianne says:

    Will anyone dispute that children thrive better in two-parent homes consisting of a MOTHER and a FATHER? Placing children in an abnormal situation is not in their best interests. Two “parents” of the same sex are incapable of conceiving a child. The trend of having artificially inseminated babies or adopting is intended to put a normal face of on deviancy.

  5. […] Red AZ recently covered this subverting of the will of the people by Judge […]

  6. Even Judge Scalia on the U.S. Supreme Court recently stated that Judicial activism is only going to be effectively stopped by the election of judges. He recognized the judicial activism going on in our courts with complete disregard for the Constitution and judges inserting their personal will and not defending and upholding the Constitution.

    I will run legislation again this coming session to require Maricopa and Pima Counties get a chance to elect judges just like we do in the other 13 counties that have real elections and to maintain the election of Judges in our other 13 counties, that will change every time a county reaches a threshold of 250,000 residents. 3 additional counties will reach this threshold next census (Mohave, Pinal and Yavapai) unless we raise the threshold to a much higher number or eliminate this provision all together.

    “We The People” needs to be re-emphasized as clearly intended by our Founding Fathers, who warned us of the Judiciary if not kept in check. The “political” appointment process and make no mistake it is political called merit based appointment and retention process is completely controlled by the Trial Attorneys of Arizona, and let’s be clear it is a political process, but one that leaves the voters out of it and that is exactly what they want.

    One great example of some of Maricopa County Judges contempt for the voters and the Constitution: In the General Election of November ’06 the voters passed Proposition 100 by 78%, a Constitutional Amendment that clearly stated, the illegal aliens who commit serious crimes (class 4 felony or higher and Aggravated DUI) could not be released on any bond. Yet, here in Maricopa County after the vote, after the Constitution was amended, Maricopa County Judges released 94.7% of all illegal aliens booked into jail on serious felonies in direct violation of the Constitution. The 13 counties where Arizona Judges are elected by the people, we did not have any problems.

  7. Well, you people are ignorant and backward. What’s amazing is that you constantly post about gay issues and seem much more interested in them than I am as a gay man.

    What concerns most Americans right now is the economy. The dismal job picture, the credit crisis, our sinking 401k portfolios, stagnating wages over the past 30 years, over 40,000 home foreclosures in Phoenix, giant corporations going bankrupt, many consumers bankrupt, others upside down on their mortgages…

    This is what people are concerned about. I am someone who’s been a gay activist in Florida and have written about gay adoption (editorials in the Boca Raton News and other papers going back over a decade ago) yet to me, this issue is trivial compared to the challenges we are facing to our economy.

    The reason you Republicans will continue to lose elections is that you’re totally out of touch with what most Americans care about. The posts on Seeing Red AZ show an extreme disconnect with the concerns of normal people. You’re just clueless, apparently, and so you focus on your little resentments of those who are different — a sure loser with the millennial generation.

    As you people die off, your views — already irrelevant — will become as abhorrent as those who favored racial segregation and opposed interracial marriage.

    You just aren’t mainstream. You might consider becoming normal if you don’t want to be totally left behind.

  8. Maggie says:

    Richard Grayson (Batboy?):
    You are dutifully using the homosexual talking points that these issues pale in comparison to the economy. Incrementalism is your goal, but when it is impeded as with the recent pro-traditional marriage votes, your “Gay” people turn very unGay and react with rage and fury.

    If this site is so “clueless” and the readers so “ignorant and clueless,” why do you read it and keep posting your skewed vantage point? Your “lifestyle” is deemed a sin in all of the world’s major religions. It brings disease and death to those who engage in its practices. You cannot reproduce yourselves, so you recruit among our nation’s youth.

    Talk about hate-filled. What about the protests against the LDS faith by those in the homosexual community? And, BTW, what’s so “gay’ about being a deviant?