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Florida Law Banning Homosexuals From Adopting Children Before Appeals Court

Aired March 04, 2003 - 11:37   ET

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.


DARYN KAGAN, CNN ANCHOR: A Florida law that bans homosexuals from adopting children is before a federal appeals court today. The ACLU argues that law is unconstitutional. The state's attorney, though, says that Florida has a right to legislate what it calls its moral disapproval of homosexuality, and it's believed that children need a married mother and a father.
Well, among the plaintiffs challenging the Florida law are two gay men who want to adopt children. Daniel Skahen and Wayne Smith have been together as a couple for 11 years, and they want to adopt the two foster children who they've already had for a number of years. They are joining us from outside the courthouse in Miami.

Gentlemen, good morning. Thanks for being with us.

UNIDENTIFIED MALE: Good morning. Thank you for having us.

KAGAN: Our time is short, but can we start off by telling us about your family. Who are your children right now?

DANIEL SKAHEN: We have two children with us, a 5-year-old boy that we obtained legal guardianship of a few months ago. We also have a 6-year-old foster boy with us.

KAGAN: How long have you had your 6-year-old?

SKAHEN: The 6-year-old, since -- it was a year in September, so September and a few months.

KAGAN: Now Florida state law says you are not allowed to adopt these boys. That law has been in place since 1977. But I understand a judge, at least with one of the children, has granted you permanent legal custody. What does that mean?

WAYNE LARUE SMITH: Well, in short it means that we have all the responsibilities as parents, but we don't have any of the rights and neither does the child.

KAGAN: And so could someone still come and take that child away from you?

SMITH: Well, theoretically any child can be taken away from any parents. Guardianship is not as permanent a relationship as adoption.

KAGAN: So for you, that's not good enough; you want to be the adoptive parents to these two boys? SKAHEN: Yes, we would.

SMITH: And we want it for them. This isn't for us, about us being parents. It's about these kids whose own parents failed them, having parents.

SKAHEN: And tell me why do you think it would be good for these boys to have you as parents.

SMITH: Well, I almost think you'd have to ask them. I can tell you of the 15 foster children we've had, almost all of them have asked us, without being asked to, if we'd be their dad, or their dads. They never asked us, would you be our guardian? That isn't how children think. And that's not the relationship that children relate to, and it's not what they need.

KAGAN: In terms of what children need, I want to share with you criticism, or at least the state's argument. I'm sure you guys have heard this many times before, but to make this conversation balanced, a couple things -- the state's lawyer arguing that children should be raised in homes with married mothers and fathers, due to the stability provided by marriage and the contribution of male and female influences to child and growth and development, including heterosexual modeling. What do you say to that?

SKAHEN: Well, it was actually brought up in court this morning by one of the judges, that said there isn't there a one-third percent divorce rate in the nation currently? And the majority of the children don't have, you know, a mother and father in any circumstance, or circumstances.

SMITH: And the other thing I'd say to that is, from our own experience, our relationship has endured for 11 years. All of the kids that we've taken care of came from their heterosexual parents, most of them married. So the argument doesn't match reality.

KAGAN: And the reality is, as I understand it, there are over 3,000 foster children looking for homes in Florida right now.

SMITH: And there are not 3,400 of these mythical married couples stepping forward to adopt them. But we are.

SKAHEN: We would tomorrow.

KAGAN: And quickly, what happens to your case from here, depending on what happens at this appeals course? And what's the next step for your family?

SMITH: Well, the next step for us is that we're going to keep doing what we're doing. We hope the court does what we see as the right thing. But we will continue challenging this law, because it's wrong, as long as it exists.

KAGAN: Well, thank so very much for sharing your fight, Daniel Skahen and Wayne Larue Smith. I know this is a busy morning for you, an important morning. Thank you for sharing your story and your fight. We appreciate it. Gentlemen, thank you so much.

TO ORDER A VIDEO OF THIS TRANSCRIPT, PLEASE CALL 800-CNN-NEWS OR USE OUR SECURE ONLINE ORDER FORM LOCATED AT www.fdch.com





Before Appeals Court>


Aired March 4, 2003 - 11:37   ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
DARYN KAGAN, CNN ANCHOR: A Florida law that bans homosexuals from adopting children is before a federal appeals court today. The ACLU argues that law is unconstitutional. The state's attorney, though, says that Florida has a right to legislate what it calls its moral disapproval of homosexuality, and it's believed that children need a married mother and a father.
Well, among the plaintiffs challenging the Florida law are two gay men who want to adopt children. Daniel Skahen and Wayne Smith have been together as a couple for 11 years, and they want to adopt the two foster children who they've already had for a number of years. They are joining us from outside the courthouse in Miami.

Gentlemen, good morning. Thanks for being with us.

UNIDENTIFIED MALE: Good morning. Thank you for having us.

KAGAN: Our time is short, but can we start off by telling us about your family. Who are your children right now?

DANIEL SKAHEN: We have two children with us, a 5-year-old boy that we obtained legal guardianship of a few months ago. We also have a 6-year-old foster boy with us.

KAGAN: How long have you had your 6-year-old?

SKAHEN: The 6-year-old, since -- it was a year in September, so September and a few months.

KAGAN: Now Florida state law says you are not allowed to adopt these boys. That law has been in place since 1977. But I understand a judge, at least with one of the children, has granted you permanent legal custody. What does that mean?

WAYNE LARUE SMITH: Well, in short it means that we have all the responsibilities as parents, but we don't have any of the rights and neither does the child.

KAGAN: And so could someone still come and take that child away from you?

SMITH: Well, theoretically any child can be taken away from any parents. Guardianship is not as permanent a relationship as adoption.

KAGAN: So for you, that's not good enough; you want to be the adoptive parents to these two boys? SKAHEN: Yes, we would.

SMITH: And we want it for them. This isn't for us, about us being parents. It's about these kids whose own parents failed them, having parents.

SKAHEN: And tell me why do you think it would be good for these boys to have you as parents.

SMITH: Well, I almost think you'd have to ask them. I can tell you of the 15 foster children we've had, almost all of them have asked us, without being asked to, if we'd be their dad, or their dads. They never asked us, would you be our guardian? That isn't how children think. And that's not the relationship that children relate to, and it's not what they need.

KAGAN: In terms of what children need, I want to share with you criticism, or at least the state's argument. I'm sure you guys have heard this many times before, but to make this conversation balanced, a couple things -- the state's lawyer arguing that children should be raised in homes with married mothers and fathers, due to the stability provided by marriage and the contribution of male and female influences to child and growth and development, including heterosexual modeling. What do you say to that?

SKAHEN: Well, it was actually brought up in court this morning by one of the judges, that said there isn't there a one-third percent divorce rate in the nation currently? And the majority of the children don't have, you know, a mother and father in any circumstance, or circumstances.

SMITH: And the other thing I'd say to that is, from our own experience, our relationship has endured for 11 years. All of the kids that we've taken care of came from their heterosexual parents, most of them married. So the argument doesn't match reality.

KAGAN: And the reality is, as I understand it, there are over 3,000 foster children looking for homes in Florida right now.

SMITH: And there are not 3,400 of these mythical married couples stepping forward to adopt them. But we are.

SKAHEN: We would tomorrow.

KAGAN: And quickly, what happens to your case from here, depending on what happens at this appeals course? And what's the next step for your family?

SMITH: Well, the next step for us is that we're going to keep doing what we're doing. We hope the court does what we see as the right thing. But we will continue challenging this law, because it's wrong, as long as it exists.

KAGAN: Well, thank so very much for sharing your fight, Daniel Skahen and Wayne Larue Smith. I know this is a busy morning for you, an important morning. Thank you for sharing your story and your fight. We appreciate it. Gentlemen, thank you so much.

TO ORDER A VIDEO OF THIS TRANSCRIPT, PLEASE CALL 800-CNN-NEWS OR USE OUR SECURE ONLINE ORDER FORM LOCATED AT www.fdch.com





Before Appeals Court>