Friday, September 12, 2008

Case Law Development: Florida's "Homosexual" Adoption Ban

A Florida Circuit Court judge in Key West has allowed a gay man to adopt a child and has declared unconstitutional a portion of Florida Statute section 63.042  that provides "No person eligible to adopt under this statute may adopt if that person is a homosexual." 

That's the same statutory provision that was upheld against constitutional challenge by the Eleventh Circuit Court of Appeals in Lofton v. Secretary of Dept. of Children and Family Services, 358 F.3d 804 (11th Cir. 2004), with the en banc Eleventh Circuit declining to reconsider the opinion, with concurring and dissenting opinions  in Lofton v. Secretary of Dept. of Children and Family Services, 377 F.3d 1275 (11th Cir. 2004).

Judge David Audlin's 67 page opinion in In the Matter of the Adoption of John Doe is available as a pdf file here.

RR (September 12, 2008).

http://lawprofessors.typepad.com/family_law/2008/09/case-law-deve-1.html

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