Fla. governor says it’s OK to discriminate based on sexual orientation, age, handicap, religion

Rick Scott

New Florida Gov. Rick Scott, a Republican and teabagger, has issued a non-discrimination order for state employees that not only fails to include sexual orientation and gender identity, but also leaves out some categories that are already protected under state law.

The South Florida Gay News reports that Scott’s nondiscrimination order includes only “race, gender, creed, color and national origin.” The Florida Civil Rights Act – which is state law and trumps Scott’s order — includes “race, color, religion, sex, national origin, age, handicap, or marital status.”

Gay-rights advocates had lobbied Scott to include sexual orientation and gender identity in his nondiscrimination order. Needless to say, they are disappointed:

“Governor Scott’s limited view of diversity is very discouraging,” said Rand Hoch, president of the Palm Beach County Human Rights Council. “Governor Scott did not even include all of the classifications listed in the Florida Civil Rights Act — let alone sexual orientation and gender identity.”

More on Scott from the Wonk Room:

Scott positioned himself as a social conservative during his election campaign, although he rarely addressed equality issues on the stump. He reiterating his support for the state’s now defunct anti-gay adoption law, saying he opposed to “single sex adoption” and insisting that “Children should be raised in a home with a married man and a woman.” His campaign website also says that marriage should be between one man and one woman. During his well publicized brawl with primary challenger and former Attorney General Bill McCollum, Scott attacked McCollum for endorsing the “pro-homosexual rights candidate Rudy Giuliani for president in 2008.″

—  John Wright

As Equality Texas unveils poll results on bullying, Rep. Anchia files gay adoption measure

State Rep. Rafael Anchia

Senior editor Tammye Nash is down in Austin this morning, where as we speak Equality Texas is holding a press conference to unveil poll results showing that 80 percent of Texans support anti-bullying legislation that protects gay teenagers and the children of gay parents. Fort Worth City Councilman Joel Burns is also there, and comments from former first lady Laura Bush will be shared. More on that here for now and later from Tammye.

But elsewhere on the legislative front this morning, it looks like State Rep. Rafael Anchia, D-Dallas, has again filed legislation that would allow same-sex adoptive parents to have both of their names listed on a child’s birth certificate. This issue has been the subject of litigation in Louisiana, where a federal appeals court recently ruled that the state must issue an amended birth certificate listing the names of both gay parents. The Louisiana attorney general is appealing the ruling, and the gay parents are represented by Ken Upton of Lambda Legal in Dallas, who tells us he’s also itching to challenge Texas’ statute if Anchia’s bill doesn’t pass.

Anchia’s HB 415, filed Friday and similar to a bill he filed last session, would strike language from the Health and Safety Code as shown below:

.

—  John Wright

Florida appeals court upholds decision overturning nation’s only gay adoption ban

Case likely headed to state Supreme Court

CURT ANDERSON  |  Associated Press

MIAMI — A Miami appeals court has upheld a ruling overturning Florida’s law banning adoption by gays.

The 3rd District Court of Appeal issued its decision Wednesday, Sept. 22 affirming a lower court’s decision that the ban is unconstitutional.

Florida is the only state with a law flatly banning gays from adopting children without exception. Gays can be foster parents in Florida.

A Miami-Dade County judge ruled the gay adoption ban unconstitutional in 2008, but the state appealed. The case will ultimately go to the state Supreme Court.

Martin Gill and his male partner, along with the American Civil Liberties Union, filed the lawsuit in their attempt to adopt two brothers who have been their foster children since December 2004.

—  John Wright

Arkansas officials, right-wing group appeal judge’s ruling striking down gay adoption ban

Associated Press

LITTLE ROCK, Ark. — The state Department of Human Services and a conservative group have appealed a judge’s ruling that struck down Arkansas’ voter-approved ban on unmarried couples serving as foster or adoptive parents.

The case is now before the Arkansas Supreme Court, after Pulaski County Circuit Judge Chris Piazza ruled in April that the ban is unconstitutional. The high court set a Sept. 21 deadline for legal briefs in the case after the state and the Family Action Council Committee appealed the ruling.

Voters approved the ban in November 2008. It bars unmarried couples from fostering or adopting children, and effectively prohibits gays and lesbians from doing so because same-sex marriage is illegal in Arkansas.

The high court could hear oral arguments in the case as soon as this fall.

—  John Wright