ADVERTISEMENT



Google       

Home -> Law Blog Directory -> Religion & Law Blogs -> Mirror of Justice

OR PHONE (866) 635-1838 for Bankruptcy Help, (866) 635-6190 for Divorce,
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense

Find a Local Lawyer

Bankruptcy (866) 635-1838
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402

Bookmark

Religion & Law

: Mirror of Justice

Perry on the Florida gay adoption case

ADVERTISEMENTS

Michael Perry has posted a new paper based on his recent book.  Here's an excerpt from the abstract:

On September 22, 2010, Florida?s Third District Court of Appeal ? an intermediate appellate court ? affirmed a ruling by a Florida trial court that a Florida statute banning adoption by homosexuals violates the Florida constitution. As it happens, the ruling by the Florida trial court was the principal subject of the Conclusion to my recent book, The Political Morality of Liberal Democracy (Cambridge Univ. Press, 2010). In the Conclusion, I wrote:



The Florida law not only violates the political morality of liberal democracy. The law ? according to which, again, no one otherwise eligible to adopt under Florida law ?may adopt if that person is a homosexual? ? is unconstitutional. The law is unconstitutional even from the perspective of Thayerian deference: Given the robust social-scientific consensus that has emerged to the effect that parenting by homosexuals is no less healthy for children ? no less in the ?best interests? of children ? than parenting by heterosexuals, Judge Lederman was right to conclude that no lawmaker could any longer plausibly think that the Florida law serves a legitimate governmental interest.

I cannot personally vouch for the "robust social-scientific consensus" regarding parenting by homosexuals, but I believe that bans on adoption by same-sex couples are problematic for an additional reason: in many cases, they amount to a refusal to recognize parent-child relationships that already exist.  Second-parent adoptions by the partner of a child's biological (and legal) parent are increasingly common.  Banning these adoptions does not end the caregiving relationship between the parent's partner and the child, but it does foreclose the stabilizing and protective role that the law can play within the relationship.

Full post as published by Mirror of Justice on September 28, 2010 (boomark / email).

Bloggers, promote your law blog by nominating your blog for inclusion in USLaw.com's Law Blog Directory and RSS Reader. Benefits described.
Related Law Articles

Lawsuits and Settlements

Related Searches

























































































































US Law
#1 Online Legal Resource













Your Blog Subscriptions
Subscribe to blogs

10,000+ Law Job Listings
Lawyer . Police . Paralegal . Etc
Earn a law-related degree
Are you the author of this blog? Adding USLaw.com to your Blogroll increases relevance. You qualify to display a USLaw Network badge.
Suggest changes to this blog's description or nominate another for inclusion. Register for updates.


Practice Area
Zip Code:

Contact a Lawyer Now!






0.0023 secs (from cache 11/04/26 00:54:47)