Court affirms overturning Fla. gay adoption ban
Headline Legal News
Florida's strict ban on adoption by gay people is unconstitutional because no other group, even people with criminal backgrounds, are singled out for a flat prohibition by state law, an appeals court ruled Wednesday.
The ruling by the 3rd District Court of Appeal upholds a 2008 decision by a Miami-Dade County judge who found "no rational basis" for the ban when she approved the adoption of two young brothers by Martin Gill and his male partner. The prohibition was first enacted in 1977 and is the only law of its kind in the nation, according to court records.
In a 28-page opinion, a three-judge panel of the court noted that gay people are permitted to become foster parents or legal guardians in Florida, yet are the only group not allowed to adopt.
"It is difficult to see any rational basis in utilizing homosexual persons as foster parents or guardians on a temporary or permanent basis, while imposing a blanket prohibition on those same persons," wrote Judge Gerald Cope for the panel. "All other persons are eligible to be considered case-by-case to be adoptive parents."
The decision is likely to be appealed to the Florida Supreme Court, which could then determine the ultimate fate of the law. "We note that our ruling is unlikely to be the last word," the appeals panel said.
The ruling came in an appeal of the 2008 decision by the state Department of Children & Families, which had urged the judges to consider evidence of what it said were risk factors among potential gay parents. These factors, according to attorneys for the department, included more sexual activity by children of gay parents and more incidents of teasing and bullying suffered by children from gay households.
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USCIS Adjusting Premium Processing Fee
U.S. Citizenship and Immigration Services (USCIS) announced today it is adjusting the premium processing fee for Form I-129, Petition for a Nonimmigrant Worker and Form I-140, Immigrant Petition for Alien Workers beginning on Oct. 1, 2018 to more effectively adjudicate petitions and maintain effective service to petitioners.
The premium processing fee will increase to $1,410, a 14.92 percent increase (after rounding) from the current fee of $1,225. This increase, which is done in accordance with the Immigration and Nationality Act, represents the percentage change in inflation since the fee was last increased in 2010 based on the Consumer Price Index for all Urban Consumers.
“Because premium processing fees have not been adjusted since 2010, our ability to improve the adjudications and service processes for all petitioners has been hindered as we’ve experienced significantly higher demand for immigration benefits. Ultimately, adjusting the premium processing fee will allow us to continue making necessary investments in staff and technology to administer various immigration benefit requests more effectively and efficiently,” said Chief Financial Officer Joseph Moore. “USCIS will continue adjudicating all petitions on a case-by-case basis to determine if they meet all standards required under applicable law, policies, and regulations.”
Premium processing is an optional service that is currently authorized for certain petitioners filing Forms I-129 or I-140. The system allows petitioners to request 15-day processing of certain employment-based immigration benefit requests if they pay an extra fee. The premium processing fee is paid in addition to the base filing fee and any other applicable fees, which cannot be waived.