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American Morning

Interview of Wayne Smith, Foster Parent

Aired March 15, 2002 - 09:08   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.
PAULA ZAHN, CNN ANCHOR: We turn now to a controversial Florida law. A move to repeal a ban on gay adoption is getting a big push from a celebrity, Rosie O'Donnell. Florida is the only state that prohibits all gays and lesbians, couples and individuals, from adopting. And last night, on ABC's "Prime Time Live," Rosie talked about her coming out, and why the Florida law must go.

Here's John Zarrella's report.

(BEGIN VIDEOTAPE)

JOHN ZARRELLA, CNN CORRESPONDENT (voice-over): Hundreds of lesbians and gay men gathered to watch Rosie O'Donnell talk on national television -- about being a gay adopted parent, and the Florida law that prohibits all gay people from adopting.

ROSIE O'DONNELL: People have said to me, Well, you don't want to do this case, because what if they stop watching?

ZARRELLA: O'Donnell, who lives in Miami Beach and has adopted three children outside Florida, has become the standard barrel in a battle to have the 25-year-old law declared unconstitutional, which is Wayne Smith's hope too.

WAYNE SMITH, FOSTER PARENT: As long as the public dialogue continues, and as long as people critically examine the issue, they will come with the right answer on the right side, and that is that the law just has to go.

ZARRELLA: Smith and partner Dan have two foster children.

UNIDENTIFIED MALE: So, what did you do at school today?

ZARRELLA: It's okay in Florida for them to be foster parents, but they can't adopt. Wayne and Dan are plaintiffs in the suit aimed at overturning the law, and O'Donnell's celebrity presence has energized the campaign against it. Thursday, the ACLU blasted the state, calling the adoption ban a national disgrace.

MATT COLES, ACLU: There are 3,500 kids in foster care in Florida waiting to be raised, and there are a substantial number of lesbians and gay men who would be willing to give them those homes, and the state of Florida won't let it happen. ZARRELLA: This week, former State Representative Elaine Bloom and several Democratic colleagues who voted for the adoption ban, publicly said they were wrong.

ELAINE BLOOM, FORMER STATE LEGISLATOR: We hope that by showing that we recognize that we had a wrong opinion 25 years ago, it will help other people who perhaps shared that opinion then, to show that they, too, can make changes.

ZARRELLA: Current Republican lawmakers say the law stays.

SEN. STEPHEN WISE (R), FLORIDA STATE SENATOR: If you look at the data that the mother and the father bringing up a child makes a significant difference in the behavior of that child.

ZARRELLA: The issue of the law's constitutionality will be taken up later this year by the 11th Circuit Court of Appeals in Atlanta.

(on camera): Given the Republican domination of the Florida legislature, opponents of the adoption ban say they don't expect state lawmakers will be inclined to change the law. Their best, and perhaps only hope, they say, is convincing the courts that the law is wrong.

John Zarrella, CNN, Ft. Lauderdale, Florida.

(END VIDEOTAPE)

ZAHN: "Big Question" at this hour: should gays and lesbians be allowed to adopt? As we just heard from John Zarrella, Florida is the only state with an outright ban.

Joining us now from Ft. Lauderdale, Florida is Wayne Smith, a gay foster parent who is challenging that law, and you just saw some pictures of him in John Zarrella's report as well. Good morning, thank you for being with us.

SMITH: Good morning. Thank you.

ZAHN: All right, Wayne, I wanted to start off with some of the comments President Bush has made about gays adopting. In an interview back in 1999, he said, "I believe children ought to be adopted in families with a woman and a man who are married."

The state of Florida obviously agrees with the president, and I'm sure a number of people in our audience agree with that stance. What do you want to tell them this morning?

SMITH: The difficulty is that that ignores the reality that there are approximately 3,500 children in foster care, waiting to be adopted in Florida today, right now. And there are people like me and my partner who would take some of them, and care for them, and raise them, and there isn't a line of 3,500 of those mythical families waiting to adopt them. It just ignores reality, and that hurts the kids.

ZAHN: And what is it driven by? Is it driven by homophobia? You think people are more satisfied having these kids stay in this constant tumult of going from home to home, as opposed to having them assigned to home like yours?

SMITH: The really sad issue is that it was just a bad mistake, as former member of the legislature Elaine Bloom said, it was an error at the time. I'm not an expert on these issues, but my guess is that there aren't enough leaders in Tallahassee that are willing to stand up and say it was a mistake, because they're afraid that it will be seen as some kind of endorsement of a lifestyle, when it's really not about lifestyles, and it is not about sexuality. It's about taking care of the kids who need to be taken care of.

ZAHN: And you and your partner have taken in, as I understand it, 10 kids over the last several years. You've taken in infants, you've taken in teenagers. If this law changes, what do you plan to do?

SMITH: Adopt. We would like to adopt two children. Our experience in the foster care system is that, even if we prevail, and even if we're allowed to adopt children, we'll continue to be foster parents. It's been a really enriching experience.

ZAHN: And what do you think the chances are that this law will change?

SMITH: Paula, I'm a very optimistic guy. I believe that ultimately, when people look at the issues, and when they look at the kids in need, and when they ignore the bias and ignore the prejudice, that they'll say this law has to change. I think that it will happen in people's homes, as they think about last night's program, and I think ultimately it is going to happen, either in court or in Tallahassee.

ZAHN: Wayne Smith, we will be following this fight very closely from here. Thank you for your time this morning. We appreciate it very much.

SMITH: Thank you, Paula.

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