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"At the least, it is arguable that placing children in married homes is in the best interest of Florida's children," King wrote. "...the Court must find defendants' purported legitimate interest in excluding homosexuals from adopting, namely placing adopted children in married homes, to be valid."
The suit was brought by Steven Lofton, Douglas Houghton, Wayne Larue Smith and Daniel Skahen. They sued on the grounds that the law infringed on their constitutional right to privacy, intimate association and family integrity and violates the Constitution's equal protection clause.
Matt Coles, Director of the ACLU Lesbian & Gay Rights Project and counsel for the gay plaintiffs in the case, said Thursday, "We are surprised and deeply disappointed by today's decision. We also think the decision is wrong."
"This judge admitted that the gay families in this case have the same relationships that biological parents and their children have. But he said that didn't matter. They aren't protected by the Constitution."
"The judge also said it's just fine for the state to allow people who everyone knows pose a real threat to children -- like substance abusers and child abusers -- to apply to adopt but at the same time to bar gay men and lesbians from applying.
"With all due respect to the Judge, we think the constitution's promise of due process and equality means more than that. In the next few days, we will file a motion for reconsideration with the judge. We'll assess our options after he has ruled on that."
King, appointed to the bench by Richard Nixon, said constitutional rights issues were not relevant. "It is undisputed that there is no fundamental right to adopt, nor is there a fundamental right to be adopted," he wrote.
The judge also noted that Florida was the first state to statutorily ban adoption by gays or lesbians and currently was the only state with such a prohibition. Other states have similar but not the same bans in place.
In Arkansas, gay people are barred from becoming foster parents, but can apply for adoption. Utah prohibits adoption by anyone other than married couples. Mississippi bars joint adoptions by gay couples, though individual gay men and lesbians are allowed to adopt.
While the judge dismissed Florida's contention that the law reflected the state's "moral disapproval of homosexuality," King faulted the gay plaintiffs for not, in essence, proving their worth as parents to the court's satisfaction.
King said the plaintiffs did not try to demonstrate that gay families are "equivalently stable, are able to provide proper gender identification or are no more socially stigmatizing than married heterosexual families."
A statement from Florida Gov. Jeb Bush's office said simply, "We agree with the ruling upholding the law that was passed by the legislature."
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U.S. judge upholds Florida gay adoption ban
August 30, 2001 Posted: 5:18 PM EDT (2118 GMT)
http://www.cnn.com/2001/LAW/08/30/gay.adoption/index.html
MIAMI, Florida (CNN) -- In a ruling hailed by conservatives and condemned by gay rights advocates, a federal judge Thursday upheld a Florida law that bans homosexuals from adopting children.
U.S. District Judge Lawrence King ruled there is "no fundamental right to adopt." And, he said, the gay plaintiffs who had challenged the Florida law never disagreed with the state's contention that "married heterosexual families provide children with a more stable home environment, proper gender identification and less social stigmatization than homosexual homes."
The state had asserted that it was in "the best interest" of a child to be raised by a married family, and the judge said it was "unnecessary" for the court to determine whether that was correct.
The case began after Steven Lofton, a gay man, sought to adopt a foster child he had care for. Another gay man, Douglas Houghton, joined the suit after he tried to adopt a child he had been caring for. A 1977 Florida statute bans gay or lesbian adults from adopting children, and the men challenged that law. Other gay men also joined the lawsuit.
An attorney with the American Civil Liberties Union, which had represented the plaintiffs, said she would file a motion asking the court to reconsider the case.
"We are quite surprised by the decision," said Leslie Cooper, contending the Florida law was grounded in "bias" and ought to be overturned.
An executive with the Human Rights Campaign, the nation's largest gay rights group, agreed.
Lisa Bennett, deputy director for FamilyNet, a Web site hosted by the Human Rights Campaign, called the decision "profoundly unfortunate."
"We know of so many gay and lesbian parents who have adopted kids in tough straits and have done a great job with them," she said. "Why keep the kids in an institution, especially when there is not a shred of evidence suggestion any harm from a parent's sexual orientation?"
But Anthony Verdugo, chairman of the Dade County Christian Coalition, disagreed. He asserted there is "scientific evidence" to prove that children raised by gay men or women are more likely to become gay and more likely to be sexually abused.
"We're very happy with the decision," Verdugo said.
The Traditional Values Coalition, a conservative group in Washington that opposes gay rights, also applauded the ruling.
"Homosexuals are attempting to redefine the family and what constitutes marriage," said the Rev. Louis Sheldon, chairman of the group. "And because they cannot reproduce, they must recruit children into their movement."
Bennett said two other states -- Mississippi and Utah -- ban adoptions by gay adults, but 20 states and the District of Columbia expressly allow it.
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The New York Times
August 30,
2001
