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The law has also been upheld as constitutional by other Florida state courts of appeal. Although the decisions by the appeals courts are binding on the circuit judge, Judge Lederman lawlessly disregarded these legal precedents. Liberty Counsel's brief states that the Florida law is backed up by sound reasons to prefer that children be permanently adopted by homes that will provide the opportunity for a mom and a dad. Homosexual adoption, by its very nature, deprives children of ever having the opportunity of being reared by both a mother and a father.
Most states ban homosexual adoption through legislation, regulation, or court precedent. These states ban adoption by homosexuals because the best interest of children is served by placing them in homes with a mom and a dad or where there is a likelihood of a mom and a dad. A homosexual home automatically excludes one gender, either the mom or the dad. Only a handful of states actually permit homosexual adoption.
In a separate but related matter, Liberty Counsel recently filed suit at the Florida Supreme Court against The Florida Bar and is requesting the Bar remain neutral on political and ideological issues unrelated to the regulation of attorneys. In January the Bar voted to file an amicus brief, arguing that the 1977 adoption law is unconstitutional. By taking sides on this issue, Liberty Counsel says that the Bar has violated the First Amendment rights of Florida lawyers. Outside of regulating the practice of law, the Bar has no authority to advocate on behalf of such issues.
Mathew D. Staver, Founder of Liberty Counsel and Dean of Liberty University School of Law, commented: "The law that bans practicing homosexuals from adoption prefers that children be placed in a household with a mom and a dad. Homosexual adoption, by its nature, permanently precludes children from having a mom and a dad. Homosexual adoption creates a motherless and a fatherless society. Moms and dads do matter to the well-being of children. Since children fare best in homes with a mother and a father, the law furthers the best interest of children and society."
