State revisits 3-decade ban


By Jim Ash DEMOCRAT CAPITOL BUREAU CHIEF



A three-decade ban on gay adoption, a conservative bulwark that sets Florida apart from all other states, crumbled ever so slightly Monday when a Republican committee chairman signaled his willingness to reconsider the policy.
Rep. Bill Galvano of Bradenton, chairman of the Future of Florida's Families Committee, said he would consider scheduling a vote on legislation that would allow gays to adopt children that they are already permitted to nurture as foster parents. Critics say the double standard is bigoted, makes it even harder to find permanent homes for the 3,500 children awaiting adoption in Florida and tears children away from the only loving parents they have ever known.
"There are probably some inconsistencies (in existing law) that will ultimately have to be addressed," Galvano said. "I remain open-minded."
Galvano said he shared the concerns of many of his constituents who were concerned about placing children in nontraditional homes.
But Galvano said he was beginning to have second thoughts after talking to the House sponsor, Rep. Sheri McInvale, R-Orlando, and after listening to impassioned advocates hammer away at the state's contradictory policy. The law dates back to a bitter crusade by former beauty queen and Florida Department of Citrus spokeswoman Anita Bryant, who used her celebrity to lash out at gay-rights supporters in Miami-Dade County.
Florida policymakers remain squeamish, particularly in an election year.Sen. Nan Rich, D-Sunrise, sponsor of a companion bill in the Senate, was forced to postpone a vote indefinitely last week when it looked like it would not survive the committee. It officially remains in limbo while she hunts for enough support to risk a committee vote.
Galvano warned supporters not to get their hopes too high. He won't consider a vote in his chamber until he sees more movement from the Senate.
"Forget the issue, and I don't care whatever the bill is, nothing is going to pass unless it has a chance in the other chamber," Galvano said. "I don't want to risk our committee's valuable time on legislation that has no chance of passing."
House Speaker Allen Bense is opposed to the legislation but will not stop his committee chairs from giving it a hearing, a spokesman said. A spokeswoman for Gov. Jeb Bush said Monday he has not studied the legislation.
McInvale said Rich assured her Monday afternoon that she was winning more support in the Senate.
The earliest Galvano's committee could meet is March 8. Gay-rights supporters said Monday they were already planning rallies in the Capitol on March 9 and 10 to coincide with the first week of the legislative session.
"We want to make sure it is on everybody's radar while the session is just beginning," said Brian Winfield, communications director for Equality Florida, a nonprofit group with a paid membership of 1,000 that advocates for gay rights.
Only two other states, Mississippi and Utah, have laws that effectively prohibit gays from adopting. Mississippi bans gay couples from adopting but does not ban gay singles. Utah requires adoptive parents to be married. Only Florida has an iron-clad prohibition.
McInvale said she is already satisfied with the progress, even if the legislation moves no further this year.
"Some people were complaining that it was postponed," she said. "They should be celebrating the fact that it got a hearing in this Republican-led, conservative Legislature."

Vacant: Director of GLBT Outreach
Another article about the DNC's decision to eliminate the "Director of GLBT Outreach" position is in the Gay People's Chronicle. Here's the final quote in the story from Stonewall Democrats Executive Director Eric Stern:

Under the leaderhip of Chairman Ken Mehlman, the Republican National Committee has increased the staff and support that it provides to anti-gay activists to conduct electoral work,

said Stern.

Democrats must offer an equally aggressive response.

Carl Chancellor Knight Ridder Newspapers


If an Ohio lawmaker's proposal becomes state law, Republicans would be barred from being adoptive parents.State Sen. Robert Hagan sent out e-mails to fellow lawmakers late Wednesday night, stating that he intends to "introduce legislation in the near future that would ban households with one or more Republican voters from adopting children or acting as foster parents." The e-mail ended with a request for co-sponsorship.On Thursday, the Youngstown Democrat said he had not yet found a co-sponsor. Hagan said his "tongue was planted firmly in cheek" when he drafted the proposed legislation. However, Hagan said that the point he is trying to make is nonetheless very serious.Hagan said his legislation was written in response to a bill introduced in the Ohio House this month by state Rep. Ron Hood, R-Ashville, that is aimed at prohibiting gay adoption."We need to see what we are doing," said Hagan, who called Hood's proposed bill blatantly discriminatory and extremely divisive. Hagan called Hood and the eight other conservative House Republicans who backed the anti-gay adoption bill "homophobic."Hood's bill, which does not have support of House leadership, seeks to ban children from being placed for adoption or foster care in homes where the prospective parent or a roommate is homosexual, bisexual or transgender.To further lampoon Hood's bill, Hagan wrote in his mock proposal that "credible research" shows that adopted children raised in Republican households are more at risk for developing "emotional problems, social stigmas, inflated egos, and alarming lack of tolerance for others they deem different than themselves and an air of overconfidence to mask their insecurities."However, Hagan admitted that he has no scientific evidence to support the above claims.Just as "Hood had no scientific evidence" to back his assertion that having gay parents was detrimental to children, Hagan said."It flies in the face of reason when we need to reform our education system, address health care and environmental issues that we put energy and wasted time (into) legislation (Hood's) like this," continued Hagan, who has been in the Ohio Senate nine years. Before the Senate, he served 19 years in the Ohio House.

Efforts to ban gays and lesbians from adopting children are emerging across the USA as a second front in the culture wars that began during the 2004 elections over same-sex marriage.

Steps to pass laws or secure November ballot initiatives are underway in at least 16 states, adoption, gay rights and conservative groups say. Some, such as Ohio, Georgia and Kentucky, approved constitutional amendments in 2004 banning gay marriage. "Now that we've defined what marriage is, we need to take that further and say children deserve to be in that relationship," says Greg Quinlan of Ohio's Pro-Family Network, a conservative Christian group.Florida has banned all gays and lesbians from adopting since 1977, although they can be foster parents. State court challenges and a campaign by entertainer Rosie O'Donnell to overturn the law have failed. A pending bill would allow judges to grant exceptions. Mississippi bans adoption by gay couples, but gay singles can adopt. Utah prohibits all unmarried couples from adoption.Kent Markus of the National Center for Adoption Law & Policy in Ohio says he hasn't seen this much activity in 15 years as a researcher.Richard Carlson, a professor at South Texas College of Law in Houston, says adoption laws based on judgments of morality offer "a weak argument" and will face legal challenges. He cites US Supreme Court rulings striking down bans on interracial marriage and sodomy, which reflected prevailing views when enacted. The high court has not taken up a state ban on gay adoption.Religious groups and state courts are grappling with the issue. Roman Catholic bishops in Massachusetts are seeking an exemption from state anti-bias laws to allow the church to bar gays from adopting through its social service agencies. Meanwhile, a judge in Missouri ruled last week that the state could not deny a foster care license to a lesbian.

From AMRICAblog.com



So, exactly what happens when a group of "former" homosexuals all get together in one place? Sounds like trouble:
Focus on the Family's international Love Won Out conference on homosexuality comes to St. Louis this Saturday, Feb. 25, and organizers are anticipating record-breaking attendance numbers."We could not be more pleased with the response," said Mike Haley, host of Love Won Out and a former homosexual. "We will have people coming from at least 23 different states on Saturday, and we're set to break our all-time record with more than 1,300 attendees. All despite the controversy stirred up by opposition groups in St. Louis."Record attendance???? I think Mike Haley sounds a little giddy about this gathering of all his pals. He's also clearly obsessed with gays according to his bio at Love Won Out:
Mike offers tremendous insight into the causes and recovery of the homosexual condition. He has an undergraduate degree in Christian education from Biola University and is pursuing a masters in counseling. Currently, Mike is director of the Homosexuality and Gender department for Focus on the Family's Public Policy division and also serves as chairman of the board of Exodus International. He is the author of the recently published book 101 Frequently Asked Questions About Homosexuality. He and his wife, Angie, have two sons and make their home in Colorado.Wow. Mike is all homo all the time. Seriously, it looks like Mike spends all his time thinking and talking about gay sex. Probably has to do a lot of research. I don't think Wayne Besen is invited.

KLEIN FOR CONGRESS 2006

COME WALK WITH US FOR CHANGE!

WHAT:Knocking on doors for State Senator Ron Klein, our Democratic Candidate in Florida’s 22nd Congressional District!!!
WHEN: Sunday February, 26 @ 1:30 P.M.
WHERE:The North Community Park, Coral Springs Drive and Westview Drive in Coral Springs. The park is just past Country Hills Elementary School on Coral Springs Drive WHY: Talking to voters is how we win elections! We want voters in the 22nd Congressional District to start thinking about the issues now!!!!
FOR MORE INFORMATION PLEASE CONTACT JULIE PETRICK @ 561.995.9626 OR Julie@ronklein2006.com

DNC Controversy Round-Up The decision to eliminate the "Director of GLBT Outreach" position at the DNC continues to make news. Bay Windows, New England's largest LGBT Newspaper, has this article (you have to page down a little).
Gay City News, a NYC paper, has this article. But the real discussion on the GLBT Blogosphere. Check out Page OneQ and Pam's House Blend.

Posted At : Out For Democracy

The transcript and video of the argument to the Florida Supreme Court can be found here:

Florida Marriage Protection Amendment Docket Number: 05-1563 05-1831
Case Summaries
Briefs1 2
Court Opinons
Windows Media
Real Video
Transcript

Anti-gay marriage amendment wording likely legal
BY BILL KACZOR
Associated Press
TALLAHASSEE - Florida Supreme Court justices had difficulty during arguments Wednesday seeing why a proposed state constitutional amendment banning same-sex marriage should be kept off the 2008 ballot.
The justices will decide at a later date whether the proposal meets constitutional requirements that citizen initiatives cannot cover more than one subject and ballot summaries must be clear and unambiguous.
Mathew Staver said he was pleased after arguing for the amendment on behalf of its sponsor, Florida4marriage.org.
''I think the justices saw directly to the heart of the issue,'' said Staver, general counsel for the Orlando-based Liberty Counsel, a conservative legal group that advocates for religious freedom and traditional family values.
The amendment, endorsed by such organizations as the Christian Coalition of Florida and the Southern Baptist Convention, failed to receive the 611,000 signatures needed by the Feb. 1 deadline to get on the ballot this year. Sponsors now are shooting for 2008.
American Civil Liberties Union lawyer Leslie Cooper argued that it violates the single-subject requirement because it covers two subjects -- the status and protection of marriage. Voters may support how the amendment affects one but not the other, she told the high court.
Chief Justice Barbara Pariente responded that it appeared both involve one subject -- relationships between two people.
Cooper represented the ACLU, six lesbian and gay couples, Equality Florida and the American Federation of State, County and Municipal Workers.
''We hope that the justices will see that this amendment would not just bar marriage but would bar civil unions and potentially other protections,'' she said.
The amendment mimics Florida's existing Defense of Marriage Act that already bans same-sex marriages. Staver said courts might be able to strike down the law based on existing provisions in the Florida Constitution unless it is amended.


http://www.miami.com/mld/miamiherald/news/state/13825423.htm?source=rss&channel=miamiherald_state

The Times-Union -- February 3, 2006
by Jeff Brumley

The coalition of state religious groups, collectively known as Florida4Marriage.Org, fell nearly 155,000 certified signatures short of the 611,009 needed by 5 p.m. Wednesday to place the Florida Marriage Protection Amendment before voters this year.The Jacksonville-based Florida Baptist Convention and the Florida Catholic Conference in Tallahassee were among the religious organizations that participated in the effort.Undeterred, the group's leaders on Thursday pledged to continue their signature-collecting campaign to place the amendment, which defines marriage solely as the union of one man and one woman, onto the ballot in 2008."We want to launch a '155,000 signatures in 55 days campaign' and just complete this thing," said John Stemberger, an Orlando lawyer and chairman of Florida4Marriage.Org. Signatures already collected in the effort are valid for four years, a spokeswoman for the Florida Division of Elections said.Opponents welcomed news of the signature shortfall, calling it a victory for "fair-minded Floridians" opposed to discrimination but adding they aren't letting down their guard."Our message is that the fight's not over," said Nadine Smith, executive director of Equality Florida, a statewide gay-rights group participating in an anti-amendment coalition called Fairness for All Families.Smith said the coalition will have a series of meetings across the state this month to warn Floridians of the continuing campaign, which she said threatens domestic partnership benefits for unmarried gay and straight couples alike."It's hard to celebrate when this kind of organized attack on your families is happening in your state," Smith said.Stemberger and others who worked for the proposal disputed opponents' claims that the signature shortfall represents voter disapproval.Rather, they fell short because they had more signatures to collect and less time than previous citizen initiatives.A busy hurricane season also hampered their campaign, which they said was waged with unpaid volunteers.Previously, signatures for citizen initiatives could be collected and certified until up to 90 days before an election. But Florida voters approved an amendment in 2004 shortening the deadline to Feb. 1."You sort of have a steep hill to climb" with the shortened time frame, said Sheila Hopkins, associate for social concerns for the Florida Catholic Conference.The minimum number of valid signatures required was 8 percent of the total number of registered voters who cast ballots in Florida in the last general election. This year that meant 611,009, compared with 488,722 needed in 2004, according to the Division of Elections Web site.The amendment was born in Jacksonville in 2004 when messengers at the Florida Baptist State Convention adopted a motion for the constitutional protection of marriage. Amendment supporters say the current state law banning same-sex marriage could be overturned by the courts.Gov. Jeb Bush said the petitions failed because of logistics, not because Floridians disagree with the idea. The Republican Party of Florida had contributed $150,000 to the effort, but Bush said the other successful amendments were better-funded.About 20 other states have approved similar measures, including 11 in the last general election."It just didn't have the kind of financial support that these other ones do," Bush said. "I think if it was on the ballot, it would pass by two- or three-to-one."In Jacksonville, the state Division of Elections' Web site showed that congressional districts that include First Coast counties generated 77,220 valid signatures, 3,717 more than the the minimum required.http://www.jacksonville.com/tu-online/stories/020306/met_marriage.shtmlGROUP HOPEFUL OVER GAY MARRIAGE BAN SW Florida News-Press -- February 3, 2006 by Aaron DeslatteTallahassee -- With the clock expired this year on a petition drive to put a gay marriage ban in the Florida Constitution, conservative lawmakers have decided not to press the issue in the coming legislative session.But organizers of the proposed amendment still are hoping for their day in court next week.Florida4Marriage, an Orlando-based group backed by churches and religious organizations, fell about 150,000 signatures short of the 611,000 needed by Wednesday's deadline to place the question before voters this year.The organization's chairman, Orlando lawyer John Stemberger, said his group now would shift its goal to putting the amendment on the ballot in 2008. Valid voter signatures are good for four years.But the group still wants the Florida Supreme Court to hold oral arguments on language of the proposed amendment, scheduled for Wednesday.The high court is charged with making sure proposed amendments that have collected 10 percent of the necessary signatures are understandable and cover only one subject.But the court isn't required to review them until the year they would actually appear on the ballot."We're hopeful they're going to hear the case and not cancel the hearing," Stemberger said Thursday. "If we're going to get an adverse hearing, we'd rather get that sooner than later."The ACLU of Florida, along with other gay and lesbian rights groups, plan to argue that the Florida Marriage Protection Amendment is deceptive because it also could deny same-sex partners other domestic benefits."We have no reason to think they won't still hear the case. The signatures still pose a threat and are still viable for the 2008 election," said Art Rosenwald, a lawyer with the ACLU legal team.Several House lawmakers had considered asking the Legislature to send the amendment to voters this year, but said Thursday they were dropping the idea unless a court ruling were to jeopardize Florida's law already on the books banning gay marriage.Gov. Jeb Bush said he had no doubt that voters would pass the amendment "by two to three to one," but said he didn't know if lawmakers should wade into the issue.http://www.news-press.com/apps/pbcs.dll/article?AID=/20060203/NEWS01/602030393/1002/NEWS01

Debating Democrats direct all their criticism at GOPThe Palm Beach Democratic Party organized Thursday's debate between U.S. Rep. Jim Davis of Tampa and state Sen. Rod Smith of Alachua.

BY BETH REINHARDbreinhard@MiamiHerald.com

BOYNTON BEACH - The only time the Democrats running for governor acknowledged each other during Thursday's debate was when one candidate joked that the rigors of the statewide campaign would keep their own dogs from recognizing them.
An ignorant voter who stumbled into the Park Vista Community High School auditorium might even think that U.S. Rep. Jim Davis and state Sen. Rod Smith were running against ex-House Majority Leader Tom DeLay, instead of each other. Davis referred to the indicted Republican congressman four times in his opening remarks, while Smith made a joke about DeLay's also-indicted lobbyist friend, Jack Abramoff.
It was tough for the roughly 800 voters in the audience to discern any policy differences between the two men.

Smith and Davis both condemned the state's ban on adoption by same-sex couples. Smith is co-sponsoring a bill that would allow gay foster parents to adopt.
''If a foster parent is willing to make that relationship permanent, then shame on us for telling a child they don't fit a lifestyle we approve of,'' Smith said. ''I believe we are all equal in the eyes of God and in the eyes of each other,'' Davis said.


A SHOT AT JEB
Smith criticized Gov. Jeb Bush for hiring private companies to provide child welfare and juvenile justice services. Davis added: ``How the Republican leadership in Tallahassee has treated our children is one of the most disgraceful legacies of this administration.''
Term limits prevent Bush from seeking another term. The leading Republican candidates are Florida Attorney General Charlie Crist and Chief Financial Officer Tom Gallagher.
One question from the panel of journalists seemed to catch Smith off guard. Asked whether he supports Oregon's doctor-assisted suicide law, the quick-tongued former prosecutor paused. Then he said, ``I believe it raises issues that are very frightening to me . . . I'm not prepared to go to where Oregon is, and I'm not sure that many people in the state of Florida would want to go in that direction.''
Not surprisingly, Davis agreed.
Their rapport contrasts with the feistier Republican contest. ''We've got two well-known candidates who are trying to get ahead of each other, so of course they're going to get their noses bloodied,'' said Sharon Day, Republican state committeewoman from Broward.
The 2002 Democratic primary race for governor, between Bill McBride and Janet Reno, was fairly friendly. But harsh attacks marked the 2004 U.S. Senate primary between Betty Castor, Peter Deutsch and Alex Penelas. Some said Deutsch's ads blasting Castor weakened her profile and contributed to her defeat by Republican Mel Martinez.
''We've learned our lesson,'' said Todd Wilder, Smith's political director. ``It's been preached that we can't afford a divisive primary.''
CASH-CHALLENGED
Another reason for the Democratic truce -- for now -- is financial. Smith and Davis have only a fraction of the Republicans' campaign accounts and can't afford to blow their money on each other.
The gentleman's agreement between the Democrats was demanded months ago by the party's dean in Florida, Sen. Bill Nelson. Advisors to the gubernatorial campaigns -- Screven Watson for Smith and Karl Koch for Davis -- confer weekly.
''Sometimes it's just about family, but we keep an open line of communication that Jim and Rod are aware of,'' said Watson, former executive director of the Florida Democratic Party. ``We're using that back channel to make sure things don't get out of hand.''
Privately, representatives from both camps acknowledge that the peace may not, cannot, last in such a high-stakes race.http://www.miami.com/mld/miamiherald/news/state/13778743.htm?source=rss&channel=miamiherald_state