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Court Won�t Tie Lawrence To Gay Adoption Law


— February 9, 2004

It was a very high-profile case and one of the early attempts to extend the reach of the U.S. Supreme Court�s landmark decision striking down a Texas homosexual sodomy law. But a federal appeals court rejected a broad reading of Lawrence v. Texas and upheld a Florida statute prohibiting gays and lesbians from adopting children in the state.

A unanimous three-judge panel of the 11th U.S. Circuit Court of Appeals, based in Atlanta, rejected the constitutional challenges of several plaintiffs, including several gay men who serve as foster parents. Lofton v. Secretary of the Department of Children and Family Services, No. 01-16723 (Jan. 28).

Florida�s 1977 law, unique among the states, provides: “No person eligible to adopt under this statute may adopt if that person is a homosexual.” Case law has established that “homosexual” is defined as one who practices homosexual acts rather than a person of homosexual orientation.

Details here from the ABA Journal.


It was a very high-profile case and one of the early attempts to extend the reach of the U.S. Supreme Court�s landmark decision striking down a Texas homosexual sodomy law. But a federal appeals court rejected a broad reading of Lawrence v. Texas and upheld a Florida statute prohibiting gays and lesbians from adopting children in the state.

A unanimous three-judge panel of the 11th U.S. Circuit Court of Appeals, based in Atlanta, rejected the constitutional challenges of several plaintiffs, including several gay men who serve as foster parents. Lofton v. Secretary of the Department of Children and Family Services, No. 01-16723 (Jan. 28).

Florida�s 1977 law, unique among the states, provides: “No person eligible to adopt under this statute may adopt if that person is a homosexual.” Case law has established that “homosexual” is defined as one who practices homosexual acts rather than a person of homosexual orientation.

Details here from the ABA Journal.

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