In 1977, in the wake of Anita Bryant’s anti-gay “Save Our Children” campaign, the Florida legislature amended Florida’s Adoption Act to prohibit gay men and lesbians from adopting children. After several unsuccessful attempts in state and federal court, in September of 2010, the Third District Court of Appeal affirmed a trial court ruling finding the adoption ban unconstitutional under Florida’s Constitution. The case, commonly referred to as the Gill case, was brought in 2007 on behalf of Martin Gill, a gay South Florida man who sought to adopt two brothers who he had been caring for as a foster parent since 2004. One of the things that set the Gill case apart from previous failed attempts to overturn the law, was that it was the first time ever that a court considered the full breath of the social science research concerning adoption and parenting by gay men and lesbians. Indeed, in October of 2008, the trial court held a four day trial and heard from experts in child development, psychology, human sexuality, relationship stability, epidemiology, and HIV. In addition, the children brought separate claims and expert testimony on their own behalf and were represented separately through appointed counsel at the national law firm of Greenberg Traurig. Within minutes of the trial court’s decision finding the adoption ban unconstitutional, the State of Florida filed an appeal in the intermediate appellate court and vigorously defended the law, which was the only categorical ban of gay people from adopting in the entire country. In the appellate court, several amicus curiae (friend of the court) briefs were filed on behalf of Mr. Gill and the children by mainstream child health, welfare, and legal organizations including, for example, the NASW, the Evan B. Donaldson Adoption Institute, the American Psychological Association, the Florida Chapter of the American Academy of Pediatrics, and the Child Welfare League of America. In this presentation, Shelbi Day, Esq., a member of the ACLU’s legal team which represented Martin Gill in his legal challenge, will discuss the history of the adoption ban, previous unsuccessful challenges to the law, and the case and legal victory that finally overturned the law.
