Ex-Legislators Renounce Ban on Gay Adoptions They Passed in 1977
By Terri Somers
Originally published in the Sun-Sentinel, March 7, 2002
Florida's ban on gay adoption, already under scrutiny in federal court, now is being criticized by some of the politicians who made it law.
"The hysteria of the times led us to do the wrong thing," said Elaine Bloom, a former legislator from Miami Beach who voted in favor of the ban in 1977 at the height of singer/activist Anita Bryant's crusade against gay rights.
Bloom, working with the American Civil Liberties Union, persuaded a former state Senate president and U.S. congressman, Harry Johnston, and at least eight other former Florida legislators to sign a statement that says they made a mistake. They hope to see the toughest gay adoption ban in the country repealed.
"In 1977, we were among the state legislators who helped pass Florida's law prohibiting gay people from adopting children. We now realize that we were wrong. This discriminatory law prevents children from being adopted into loving, supportive homes—and we hope it will be overturned," the former legislators said in their statement released Thursday by the ACLU.
ACLU lawyers are representing four gay men who want to adopt and are challenging the law's constitutionality in federal court.
"Now that this law has been repudiated by some of the very people who helped pass it, there should be no question that it's time to get rid of it," said Howard Simon, executive director of the ACLU of Florida.
The statements will not be made part of the lawsuit. But the former legislators hope they can still play a role in the court of public opinion, influencing current legislators and perhaps even the judges in the 11th U.S. Circuit Court of Appeal in Atlanta, which will consider the law's constitutionality later this year.
"I'm so very proud of things I did during my 18 1/2 years in the Florida Legislature," said Bloom, whose son is openly gay and a father. "But this is one instance in which I have to look back and say I did something wrong.
"What is important to recognize is that children are at the heart of this issue," she said, referring to the 3,400 in Florida who are awaiting adoption.
It was Bloom who worked the telephone, calling her former legislative colleagues and asking them to admit that, like her, they had made a mistake.
The mostly moderate Democrats who agreed include Johnston of West Palm Beach; former House Speaker Tom Gustafson of Fort Lauderdale; former House members Tony Fontana and Barry Kutun of Fisher Island; and former Sens. Sherrill "Pete" Skinner of Lake City, Paul Steinberg of Miami Beach, Sam Bell of Tallahassee and Sherman Winn of Miami.
"Good adoptive parents for ALL kids comes first," Gustafson wrote at the bottom of his statement in support of repealing the law.
To understand how the law was born requires an understanding of the political and social climate of Florida in 1977, said the former legislators.
"I didn't think it would really affect anyone because no one really knew who was gay or lesbian. People weren't out," said Bloom, explaining why she voted in favor of the adoption ban.
The word "gay" was not even commonly used, explained Johnston, a Democrat who voted for the ban. "I was motivated by politics and ignorance at the time," he said.
The bill's sponsor, the late state Sen. Curtis Petersen, told a newspaper that the law was intended to send a message to lesbians and gay men: "We are really tired of you. We wish you'd go back in the closet."
Don Chamberlin, a Democrat from Clearwater, was the lone member of the state Senate who spoke against the bill when it was being debated. The next year Chamberlin was defeated by a candidate who pounced upon his stance on gay adoption, said Johnston.
Much has changed in the past 25 years, the former legislators said.
"Now there aren't too many people who can say that they couldn't somehow be touched by this ban through a brother, or a cousin, or a friend, or a co-worker," said Johnston.
In the past two months, several of the nation's most respected children's advocacy groups and the American Academy of Pediatrics have said children of loving gay parents are no more likely to suffer social, psychological or emotional harm than children raised by heterosexual parents.
The Child Welfare League, which sets national standards for policy and programs for children, filed a motion with the federal appeals court in support of overturning the law. In its legal papers the organization said Florida's ban on gay adoption doesn't have any basis in child welfare and "frustrates the best interests of children because it denies children awaiting adoption the benefits of permanent, loving families."
Changing societal views and these pointed statements from nationally respected children's welfare groups are not likely to have much effect on the current state Legislature, and not just because no more bills can be introduced this late in the session. Republicans of a more conservative stripe than the Democrats who were in control when the gay adoption ban was passed are now the majority party.
"Many Florida Republicans still have the same mindset we had 25 years ago when it comes to gays," said Johnston. "I don't see them being that human rights-oriented, or the governor for that matter."
Republican leaders could not be reached for a response late Thursday.
State leaders are fighting the court challenge to the adoption law. And last month former House Majority Leader Mike Fasano, R-New Port Richey, said it was doubtful a change in the law would come up for debate.
"Of course, everything is always open for discussion and debate," Fasano said. "However, it would take a lot to convince me to change the law as it is now. I'm a big believer that a man and woman who are married should be the parents of children."
But hope springs eternal, said Johnston.
"Maybe it could be an issue in the election next year. Human rights people can ask candidates to take a stand on it."
And the gay rights activists who worked with Bloom to get the others to say they made a mistake remain hopeful as well.
"These former legislators have shown courage and leadership in stepping forward to right this wrong," said Nadine Smith, executive director of Equality Florida. "Is there anyone left who can seriously defend this law?"
