Ruling a third strike against Florida's gay adoption ban

The Miami Herald reports: With the blessing of her large extended family, Vanessa Alenier took custody of an infant relative who had been seized by child welfare workers. She moved him into a yellow nursery with a blond wood crib, a blue-striped carpet and a mobile.

When she asked the state to for permission to adopt him, the application included a simple question. Are you gay?

Alenier, 34, said she did not want to begin her journey as a parent with a lie. So she told the truth -- despite Florida's 33-year-old law banning gay men and lesbians from adopting.

Earlier this month -- as a Miami appeals court determines the constitutionality of the embattled adoption ban -- a judge quietly approved the 1-year-old's adoption. The decision by Miami-Dade Circuit Judge Maria Sampedro-Iglesia is the third finalized adoption by a gay couple within the last year.

While the 1977 law remains in limbo, Sampedro-Iglesia's ruling suggests some state court judges already have made up their minds about gay adoption, a thorny political issue in a state with a significant social conservative streak.

"There is no rational connection between sexual orientation and what is or is not in the best interest of a child,'' Sampedro-Iglesia wrote in her order, obtained by The Miami Herald. "The child is happy and thriving with [Alenier]. The only way to give this child permanency . . . is to allow him to be adopted'' by her.

In her ruling, Sampedro-Iglesia declared Florida's adoption law "unconstitutional on its face.''

For Alenier, who shares a home near downtown Hollywood with her longtime partner, Melanie Leon, the ruling made formal what she already knew she had -- a family.

"We knew we wanted to be parents, both of us,'' Alenier said. The infant "was a family member. We couldn't say no. We strongly wanted to be a family. It's the most amazing thing that ever happened to us. It's changed our lives.''

Florida Department of Children & Families administrators, who objected to the adoption, have not yet decided whether they will appeal.

"We are currently reviewing the judge's decision and will make a decision on an appeal within the 30-day period,'' agency spokesman Joe Follick said.

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