Lesbian Life

  1. Home
  2. People & Relationships
  3. Lesbian Life

Gays Lose Adoption Fight in Florida

Court Rules against Same-Sex Adoption

By Kathy Belge, About.com

Jan 29 2004
Gay and lesbian parents lost big today in Florida. A Federal Court ruled against two men who are attempting to adopt their foster children. Florida is the only state that prohibits gays and lesbians from adopting.

In the case of Lofton v. Kearney, the court ruled that Florida has a right to legislate its “moral disapproval of homosexuality.” According to the Atlanta Journal Constitution, Florida Governor Jeb Bush said he was "pleased'' by the ruling. It validates Florida's contention "that it is in the best interest of adoptive children, many of whom come from troubled and unstable backgrounds, to be placed in a home anchored both by a father and a mother,'' he said in a statement.

The American Civil Liberties Union released the following statement: We have read the court's opinion and we're deeply disappointed by it. We think the court is wrong in believing that government can continue to discriminate on the basis of sexual orientation after the Supreme Court's decision in Lawrence v. Texas last summer. We think the court is wrong in thinking that the Constitution lets the government assume that sexual orientation has anything to do with good parenting. We are distressed that the court's decision will leave thousands of children without the homes and the parents they deserve.

We intend to do everything we can to make sure that none of the children involved in this case are taken from their families.

According to CNN, Edward Schiappa, a University of Minnesota law professor, believes the case will end up at the Supreme Court for review next year. He says the state will have a hard time defending the law because of its inconsistency in allowing gays to be foster parents, yet banning them from adoption.

Explore Lesbian Life

More from About.com

Lesbian Life

  1. Home
  2. People & Relationships
  3. Lesbian Life
  4. Home & Family
  5. Gay Adoption Ban Upheld

©2009 About.com, a part of The New York Times Company.

All rights reserved.