What exactly did Miami Judge Cindy Lederman’s decision do?
In November 2008, Miami Circuit Court Judge Cindy Lederman ruled in a 54-page decision that (in her opinion) Florida’s ban on homosexuals adopting children is somehow “unconstitutional.” She came to this conclusion with no direct precedent or legal authority. In her view, Florida’s 35-year-old adoption law now all of a sudden “violates” the equal protection clause of the state constitution. Judge Lederman ruled that there was no evidence to prove that children would be “harmed” if adopted by homosexual parents. Why was Judge Lederman’s ruling wrong? The decision by Judge Lederman is classic, text-book, judicial activism. Instead of interpreting and enforcing the plain language of the statute, which has been held constitutional by federal courts, she openly and brazenly defied the rule of law. She ignored the will of the people as expressed through the legislature and inserted her own personal opinion. Instead of exercising her proper judicial role as a restrained academic interpreter o
