FLORIDA DIGEST - September 10, 2008

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~~FLORIDA GLBT NEWS~~

Miami Herald
http://www.miamiherald.com/
Go to the links for the following articles

-Court rules against ban on gay adoptions
Circuit Court rules against Florida's ban on gay adoptions
A Monroe Circuit Court judge has ruled Florida's 31-year-old gay adoption ban ''unconstitutional'' in an order that allows an openly gay Key West foster parent to adopt a teenage boy he has raised since 2001. Declaring the adoption to be in the boy's ''best interest,'' Circuit Judge David J. Audlin Jr. said the Florida law forbidding gay people from adopting children is contrary to the state Constitution because it singles out a group for punishment. Florida is one of only two states -- the other is Mississippi -- that forbids gay people from adopting. Circuit judges in Florida have found the statute unconstitutional twice before, both in 1991, but both challenges stalled. A Miami case expected to be heard next month may provide an additional challenge to the law. At the heart of the Monroe case is a 13-year-old boy with learning disabilities and special needs who has lived in his Key West foster father's two-story home since the Department of Children & Families placed him there in 2001. The boy is identified as John Doe. The father, 52, is not identified. Audlin appointed the foster father as guardian for the boy in 2006. At a recent hearing, the boy testified he wanted the man to be his ''forever father'' -- like all the other kids had -- ''because I love him,'' the order says. A home study by a social worker ''highly'' recommended the guardian and his partner be allowed to adopt the boy, saying the two men provided a ''loving and nurturing home,'' provided ''fair and consistent'' discipline and are financially secure, the order says. Miami attorney Alan Mishael, who represents John Doe's guardian, declined to discuss the ruling, since Audlin has not yet published it formally. He said the ruling is less about public policy than the welfare of a former foster child who wants a father of his own. ''This is a case about a young man who already had a permanent guardian but wanted to have a father,'' Mishael said. ``That's what the case is about. That's all it's about.'' In the ruling, the judge noted that the statute was passed by lawmakers in 1977 amid a politically charged campaign to, as one lawmaker at the time put it, send gay people ''back into the closet.'' Audin said the law violates the Constitution's separation of powers by preventing family court and child welfare judges from deciding case-by-case what is best for a child. ''Contrary to every child welfare principle,'' Audlin wrote, ''the gay adoption ban operates as a conclusive or irrebuttable presumption that . . . it is never in the best interest of any adoptee to be adopted by a homosexual,'' Audlin wrote. In 1991, a Key West judge tossed out the anti-gay adoption statute as a violation of privacy and equal protection, but the ruling never was published or appealed. That same year, a Sarasota Circuit judge declared the law unconstitutional, citing the earlier case. But two years later, an appeals court in Lakeland reversed the decision, in a case involving a man named James W. Cox who had been told he could not adopt a foster child. The Florida Supreme Court agreed with the Lakeland court in 1995. State law does not preclude gay people from fostering abused and neglected children. John Doe's guardian has cared for 32 children who were in DCF custody, the order says. DCF Secretary George Sheldon said his agency took no position on the Key West adoption because the boy already had been placed in a permanent guardianship with his foster father, essentially stripping DCF of authority over family decisions. ''We were not a party, and we are still not a party,'' he said.
MCCOLLUM MUM
Sandi Copes, press secretary for Attorney General Bill McCollum, declined to discuss the Key West ruling. McCollum's office chose not to become involved in the case because the teen was no longer in DCF's custody, Copes said. The attorney general still can appeal the order, the ruling says. Surveysdone by the U.S. Department of Health and Human Services suggest gay couples already are raising children in large numbers. A study published last year by the Williams Institute at the UCLA School of Law, which used data provided by Health and Human Services said one-third of lesbians and 16 percent of gay men have kids. Of those without children, 41 percent of gay women and 52 percent of gay men said they would like children. Forty-six percent of lesbians said they had considered adoption -- as compared to 32 percent of straight women, according to the study, which did not include data for gay men. In all, the study said, two million gay people nationwide said they would like to adopt. Mathew Staver, founder and chairman of the Orlando-based Liberty Counsel, a conservative advocacy group, called the ruling ``absurd.'' ''State and federal courts have already addressed the constitutionality of Florida's law, and both have upheld it,'' Staver said. He said Audlin ``has no authority to disobey state and federal court precedents.'' ''I think this kind of ruling illustrates why judges should judge and not be activists,'' Staver added. ``Apparently, he should run for office, as opposed to sitting behind a bench.''
RULING HAILED
Howard Simon, executive director of the ACLU of Florida, which has litigated several cases on behalf of prospective adoptive parents who are gay, defended the ruling, saying, ''Child welfare policy has been held hostage by politics'' for too long. ''You won't find a child welfare professional or organization that does not believe judges ought to be able to make individual determinations as to who would be good adoptive parents and who would not,'' Simon said. As an order from a trial judge that has not been ppealed, Audlin's ruling is unlikely to hold much sway as legal precedent, several constitutional scholars said. Florida's gay adoption ban has been upheld repeatedly by state and federal appeals courts, they noted. ''On the one hand, this is one trial judge in Key West,'' said professor Michael Allen, who teaches constitutional law, federal courts and civil procedure at Stetson University's law school in St. Petersburg. ``But for these two men and their child, it has greater effect than any order by the Supreme Court.'' He said the ruling, and the adoption hearing set for next month involving a gay foster father from Miami, may start to chip away at the state law. ''Cracks begin to develop in legal doctrine,'' Allen said. ``Even if it has no effect as precedent and it is not repeated someplace else, it's a crack. If you get enough cracks, things break.''
http://www.miamiherald.com/569/story/679719.html

- BROWARD SCHOOL BOARD: Broward School Board opposes gay marriage ban
Broward School Board members said they oppose a proposed constitutional amendment that strengthens Florida's ban on gay marriage. Concerned that a ban on gay marriage would mean losing employees or getting slapped with lawsuits, the Broward School Board on Tuesday voted unanimously to oppose a proposed constitutional amendment.
http://www.miamiherald.com/news/broward/story/679707.html


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Ft. Lauderdale - Stonewall welcomes gay trailblazer David Mixner
Stonewall invites you to..SNAP
(Social Network of Active Professionals)
Stonewall and Gay American Heroes Foundation will host an informal meet andgreet with political icon and gay rights champion David Mixner. The eventwill be held at Stonewall, located at 1717 North Andrews Ave, FortLauderdale, Thursday, September 18, at 6:00 pm. In his over forty years ofpolitical engagement, Mixner worked inside campaigns, got arrestedprotesting unjust wars and rallied his LGBT brothers and sisters around hisold friend Bill Clinton. Mixner went on to join Clinton's campaign andbecame the first openly gay man actively - and very publicly - involved ina presidential election. Clinton would later break with Mixner by signing"Don't Ask, Don't Tell." Understandably angry over Clinton's apparentbetrayal, Mixner came out against the discriminatory policy, a move whichended up getting him exiled from the Clinton inner circle.
Thursday, September 18 - 6:00 pm
Stonewall Library & Archives
1717 North Andrews Avenue
Fort Lauderdale
Mark your calendars -SNAP meets every third Thursday
For further information, please contact:
Jack Rutland, Executive Director
Stonewall Library & Archives
954-763-8565
Jack-rutland@stonewall-library.org
Scott Hall, President
Gay American Heroes Foundation
321-506-8738
gayamericanheroes@yahoo.com


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ArtsUnited will feature the mixed media art work of local artists RobertTabor in a solo exhibit
from September 8 through October 3, 2008 at the Stonewall Library andArchives. The gallery is located at 1717 North Andrews Avenue in FortLauderdale, Florida. The exhibit opens with a reception to meet the artistfrom 6:30 to 8:00 PM on Monday, September 8th. The exhibit and reception arefree and open to the public. Refreshments will be served at the reception.With a degree in Graphic Design and a unique look at life, Robert Tabor hasdeveloped his professional career in Boston, New York, LA and now SouthFlorida. Robert's shoe sculptures take broken down high heels and give themone last bit of respect as a one-of-a-kind art piece. His shoe creationscommunicate through sculpting clay, foams, fabrics, metals, acrylics,pearls, crystals, leathers and feathers. Funding for this exhibitprovided by ArtsUnited. For more information about ArtsUnited, go online towww.artsunitedonline.org.


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Sun-Sentinel
http://www.sun-sentinel.com/
Go to the links for the following articles:

-Florida Gov. Charlie Crist won't campaign for anti-gay-marriage amendment
Crist says he'll focus on McCain presidential bid
Gov. Charlie Crist on Tuesday said he won't actively support a stateconstitutional amendment to ban same-sex marriage, casting doubt on whetherthe issue will pack a political punch this fall.
http://www.sun-sentinel.com/news/local/florida/sfl-flfcrist0910sbsep10,0,2718291.story

-Palm Beach Community College OKs domestic partner benefits
Palm Beach Community College will offer health insurance to partners of gayand unmarried employees, ending a yearlong debate that divided the school'sgoverning board. Trustees approved 3-2 an 18-month pilot program whereemployees can sign up for domestic partners benefits. The trustees willconsider in mid-2010 whether to continue it. "It's taken them a long time,but finally the board realizes the importance of treating all familiesequally," said Rand Hoch, president of the Palm Beach County Human RightsCouncil, a gay rights group.
http://www.sun-sentinel.com/news/schools/sfl-flppbcc0910pnsep10,0,2406662.story


~~FLORIDA GENERAL NEWS~~

APPLY FOR ABSENTEE BALLOT
Florida will once again be a pivotal swing state in this year's presidential election. In order to ensure a victory here in the state, Barack Obama needs your vote. And the good news is that you can easily vote from home. To apply for an absentee ballot, click here: Broward County Absentee Ballot Request Form. http://www.browardsoe.org/AbsenteeRequest2.aspx Florida law allows any registered voter to request an absentee ballot from the Supervisor of Elections. We are encouraging our supporters to request an absentee ballot and vote early. The process is very simple and will be extremely beneficial for Barack Obama here in Florida. It will also save you the effort of waiting in line at the polls on Election Day! You may request an absentee ballot from your Supervisor of Elections in the following ways: In erson - By Telephone - By Mail - To find your local county Supervisor of Elections, click Supervisor of Elections Addresses and Phone Numbers in the Important Links section in the right-hand column.
http://election.dos.state.fl.us/voter-registration/voter-reg.shtml


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Sun-Sentinel
http://www.sun-sentinel.com/
Go to the links for the following articles:

-Wind from successive storms hasten erosion of South Florida's beaches
Cumulative effect of storms evident on shoreline in Broward, Palm Beach counties
Florida escaped the fury of Hurricane Ike, but its accompanying winds, coupled with those from a succession of other nasty storms, are chewing away sand from beaches in Broward and Palm Beach counties. Not a good thing in an area already plagued by chronic erosion, largely due to overdevelopment, experts say.
http://www.sun-sentinel.com/news/local/southflorida/sfl-flberode0910sbsep10,0,3922151.story

-No deal yet for Broward teachers
The Broward Teachers Union and the Broward School District failed to reach a deal Tuesday night in ongoing negotiations over an additional teacher raise for the current school year. The sticking point: Whether teachers will get a guaranteed increase next year by moving to the next salary level. Teachers received an increase for the current school year by moving to a higher step on the pay scale, but wanted an additional cost-of-living increase above that. The two sides were in talks for nearly four hours before the discussions ended without a deal.
http://www.sun-sentinel.com/news/local/southflorida/sfl-flbunion0910sbsep10,0,3711766.story

-Fort Lauderdale bikers and walkers must share Intracoastal Waterway bridge
THE PROBLEM: Steven Jay Thor, of Fort Lauderdale, contacted the Sun Sentinel to ask about missing signs on the Commercial Boulevard bridge over the Intracoastal Waterway that directed bicycle riders to walk bikes over the bridge. THE BACK STORY: Thor said the bridge walkway doesn't have enough space for pedestrians and bike riders. He's concerned about the safety of pedestrians.
http://www.sun-sentinel.com/business/custom/consumer/sfl-flhlpbsswatch0908sbsep08,0,1546752.story

-Wind from storms hasten beach erosion
Florida escaped the fury of Hurricane Ike, but its accompanying winds,coupled with those from a succession of other nasty storms, are chewing awaysand from beaches in Broward and Palm Beach counties.
http://www.sun-sentinel.com/news/local/southflorida/sfl-flberode0910sbsep10,0,3922151.story

-Haitians badly need food, water after storms
More than two days after storm-driven floodwaters led to at least 60 deathshere, river water is threatening to kill again - this time from disease.South Florida agencies are pleading for emergency items to send to Haiti,and residents are donating.
http://www.sun-sentinel.com/news/local/southflorida/sfl-flbhaiti0910sbsep10,0,1628391.story


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Miami Herald
http://www.miamiherald.com/
Go to the links for the following articles:

-Obama opens new campaign office in South Florida
Barack Obama's campaign is opening a new office in South Florida. StartingWednesday, the Democratic presidential nominee will have a presence inSunrise, about 40 miles north of Miami. Obama spoke at a 16,000-person rallyin the city back in May, during which he mistakenly called it "Sunshine."Voters will decide on a new president in less than two months, choosingbetween Obama and Republican nominee John McCain.
http://www.miamiherald.com/news/politics/AP/story/680080.html

-Lake Okeechobee returns to safe level
After rising nearly four feet over the past month, Lake Okeechobee seems tohave stabilized. The lake sat at 15.10 feet above sea level on Tuesday, thesame as the previous day -- a first since Tropical Storm Fay dumped heavy rains almost three weeks ago and caused a record rise.
http://www.miamiherald.com/news/miami-dade/story/679684.html

-BROWARD SHERIFF: Sheriff Al Lamberti fights Democrat tide
A well-financed Republican, Sheriff Al Lamberti will try to hold on to hisseat in a year of anticipated high Democratic voter turnout. Broward'sappointed sheriff, Al Lamberti, is trying to join an exclusive club: Republicans who have won countywide office in the Democratic stronghold.
http://www.miamiherald.com/news/broward/story/679711.html

-Crew, School Board headed for a split
At the end of the day today, after the Miami-Dade School Board andSuperintendent Rudy Crew have agreed to part ways, this is what will remain:1) The budget gap and teacher-pay issue will still not be solved. 2) Atleast four members of the board will continue to be cantankerous. 3) Thefuture of education in Miami-Dade, including progress made under Mr. Crew'sleadership, once again will be in doubt.
http://www.miamiherald.com/opinion/editorials/story/676486.html


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South Florida Blade
http://www.floridablade.com/
Go to this link for the following articles:

-Amendment 2 will fail, according to poll
Study shows anti-gay marriage amendment does not have enough supportAt last, some good news for GLBT advocates in Florida: it seems Amendment 2will not receive enough votes to become part of the Florida Constitution.According to a Quinnipiac University poll, Florida voters support Amendment2 by a margin of 55 percent to 41 percent. That is shy of the 60 percent"supermajority" required for passage on Nov. 4. (FYI, Quinnipiac Universitypolls are widely accepted in the U.S. for being the most unbiased andscientific polls on public policy and politics.)
http://www.floridablade.com/blog/index.cfm#20879


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Ft. Lauderdale - Earl Rynerson for Mayor Campaign

-The "Earl For Mayor" Campaign Reception, held August 23rd at Earl's home, was a resounding success! Over 80 people attended and over $8,000 wascollected to help Earl on his quest to win the Fort Lauderdale Mayor's racenext February! If you missed this event, don't worry; we are havinganother event this month as well. Mark your calendars! Friday, September26th from 7-9pm at the home of Earl Rynerson: 438 NE 8th Ave, here in FortLauderdale! Be sure to stop by and listen as Earl speaks about his visionfor making Fort Lauderdale a World Class City that we can all be proud of!Bring a friend! AND PLEASE BRING A CAMPAIGN CONTRIBUTION (up to $250 perperson). Here are some pictures of this most recent event. Thanks to SteveShires Photography for these! Hope to see you later this month!
Earl Rynerson
www.earlformayor.com

-I thought you would find this information interesting about our City'sBudget and how much we provide in compensation to our City Attorney and ourCity Manager.
Thank you - Earl Rynerson
www.earlformayor.com
Contact Ray's List for the attachments


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Palm Beach Human Rights Council
www.pbchrc.org
Palm Beach Community College

-TRUSTEES FINALLY OFFER DOMESTIC PARTNER HEALTH INSURANCE
By a vote of 3 to 2, and after more than a year of delays, the Board ofTrustees of Palm Beach Community College finally voted this evening to offerdomestic partner health insurance to college employees.


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Forwarded from Michael Emanuel Rajner
merajner@gmail.com
Contact rays.list@comcast.net for the full article

-Thank you to everyone who showed up to speak and support the School Boardof Broward County as they denounced Amendment No. 2. Please thank SchoolBoard Member Jennifer Gottlieb and her fellow members for their continuedleadership.

-School board votes to oppose "Marriage Protection'' Amendment
The Broward County School Board unanimously approved a resolution Tuesdayagainst a proposed constitutional amendment that would ban gay marriage.School Board member Jennifer Gottlieb brought forth the resolution againstthe amendment, and her fellow board members lined up in opposition toAmendment 2. Some board members said they feared the amendment, if passed,would hinder the district's ability to offer domestic partner benefits."This couldreally affect a lot of our employees in a negative way," saidboard member Stephanie Kraft. Other board members said they didn't thinkit was appropriate for the state to dictate what kinds of benefits thatlocal governments could give their employees. "This board chooses toafford our employees the opportunity to take part in domestic partnerbenefits," said board chairwoman Robin Bartleman. " ... I don't think it's right for the state to come in and say, 'You're not allowed to offer that anymore, by the way.'"
http://weblogs.sun-sentinel.com/news/politics/broward/blog/2008/09/school_board_votes_to_oppose_m.html


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Fort Report
http://www.fortreport.com/
Go to the links for the following articles:

-Bogdanoff won't retain her Republican leadership job after November election
State Rep. Ellyn Bogdanoff, R-Fort Lauderdale, won't return to her post as majority party whip - a post in the Republican leadership - after the November election. As whip, she was responsible for rounding up votes from rank-and-file members and making sure they followed the wishes of the speaker and other party leaders. The news was contained in a memo from House Speaker-designate Ray Sansom to members of the House on Tuesday. Assuming she's re-elected in November, Bogdanoff will be vice chairwoman of a pivotal House committee, the Rules and Calendar Council, which orchestrates the speaker's wishes by organizing the flow of legislation and other business that members get to consider.
http://weblogs.sun-sentinel.com/news/politics/broward/blog/2008/09/bogdanoff_wont_retain_her_repu.html

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