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September 23, 2008
Kentucky Court Upholds Constitution, Rejects Illegal "Gay" Adoption
Liberty Counsel
Louisville, KY - The Kentucky Court of Appeals has strongly rebuked an activist lower family court for allowing a lesbian woman to illegally adopt her female companion's child, in clear violation of both Kentucky law and the Kentucky state constitution. The higher court reaffirmed that in Kentucky, stepparent adoptions are only legal when the stepparent is married to a biological parent. The court also reaffirmed that marriage can only exist between one man and one woman.
"It's not this or any court's role to judge whether the legislature's prohibition of same-sex marriage … is morally defensible or socially enlightened," wrote Judge Glenn Acree in the opinion. "Nor is it this or any court's role … to craft any means by which the legal consequences of such a prohibition may be negated or avoided."
Similar to the activist judge in Kentucky, on September 11, an activist Florida county circuit court issued a controversial opinion, suggesting that Florida's 31-year-old law that bans adoptions by homosexuals was somehow unconstitutional, despite the fact that the same law has been ruled constitutional by both state and federal courts of appeal. In fact, Liberty Counsel successfully defended the same law at the federal court of appeals that upheld the law. Despite the fact that these decisions by the appeals courts are binding on the Florida trial judge, he lawlessly disregarded these binding precedents.
Reporting on the Florida decision, the Associated Press erroneously indicated that the Florida law was "one of only two such statewide bans in the country." However, as the Kentucky decision establishes, this is patently untrue. In fact, most states ban homosexual adoption through legislation, regulation, or court precedent. Only a handful of states allow homosexual adoption. These state laws 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.
Mathew D. Staver, Founder of Liberty Counsel and Dean of Liberty University School of Law, commented: "Judicial activism is a cancer that eats away at the rule of law and undermines the confidence of the people in the legal system. There is a clear distinction between the role of a judge and the role of a legislator. One interprets law and one makes law. The psychological dysfunction known as 'Judicioactivism' is easily cured by a good dose of the Constitution, bed rest and removal from the bench to prevent relapse."
Kentucky Court Upholds Constitution, Rejects Illegal "Gay" Adoption
Liberty Counsel
Louisville, KY - The Kentucky Court of Appeals has strongly rebuked an activist lower family court for allowing a lesbian woman to illegally adopt her female companion's child, in clear violation of both Kentucky law and the Kentucky state constitution. The higher court reaffirmed that in Kentucky, stepparent adoptions are only legal when the stepparent is married to a biological parent. The court also reaffirmed that marriage can only exist between one man and one woman.
"It's not this or any court's role to judge whether the legislature's prohibition of same-sex marriage … is morally defensible or socially enlightened," wrote Judge Glenn Acree in the opinion. "Nor is it this or any court's role … to craft any means by which the legal consequences of such a prohibition may be negated or avoided."
Similar to the activist judge in Kentucky, on September 11, an activist Florida county circuit court issued a controversial opinion, suggesting that Florida's 31-year-old law that bans adoptions by homosexuals was somehow unconstitutional, despite the fact that the same law has been ruled constitutional by both state and federal courts of appeal. In fact, Liberty Counsel successfully defended the same law at the federal court of appeals that upheld the law. Despite the fact that these decisions by the appeals courts are binding on the Florida trial judge, he lawlessly disregarded these binding precedents.
Reporting on the Florida decision, the Associated Press erroneously indicated that the Florida law was "one of only two such statewide bans in the country." However, as the Kentucky decision establishes, this is patently untrue. In fact, most states ban homosexual adoption through legislation, regulation, or court precedent. Only a handful of states allow homosexual adoption. These state laws 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.
Mathew D. Staver, Founder of Liberty Counsel and Dean of Liberty University School of Law, commented: "Judicial activism is a cancer that eats away at the rule of law and undermines the confidence of the people in the legal system. There is a clear distinction between the role of a judge and the role of a legislator. One interprets law and one makes law. The psychological dysfunction known as 'Judicioactivism' is easily cured by a good dose of the Constitution, bed rest and removal from the bench to prevent relapse."
