Florida Ban On Gay Adoption In Federal Court
by Fidel Ortega
365Gay.com Newscenter in Miami

February 15, 2002

Atlanta:  For the first time ever, a federal appeals court is weighing the constitutionality of banning gay adoption.

The case involves the Sate of Florida which has a total ban on gays and lesbians adopting.

In a 43-page brief filed Thursday at the U.S. Court of Appeals for the 11th Circuit in Atlanta, the ACLU asked the appeals court to reverse the decision of a lower federal judge who dismissed the Constitutional challenge before it could reach a trial. 

The ACLU represents three families in the case. Steven Lofton and his partner Roger Croteau are raising five children, including three Florida foster children. Although the kids -- ages 14, 10 and 14 -- have never known another family, they cannot be adopted by Lofton or Croteau because of Florida's law. 

Doug Houghton has raised a 10-year-old boy for six years but also cannot adopt him because of Florida's law. The same court that dismissed the lawsuit last year said that Houghton and the boy are just as close as biological parents and their children. 

Wayne Smith and Dan Skahen provide foster care to various children as needed, but cannot adopt any children because of Florida's law.

The state has 30 days to file a response, and oral arguments in the case will be scheduled for later this year. 

"In the state of Florida today, there are 3,400 children in foster care who could be adopted right away if qualified parents came forward," said Matt Coles, Director of the ACLU Lesbian & Gay Rights Project. "They wait while Florida uses the child welfare system to make a political statement about lesbians and gay men."

The ban on gay adoption was passed by the Florida legislature in 1977, in the midst of Anita Bryant's anti-gay crusade. The bill's sponsor in the State Senate told a local newspaper at the time that the law was intended to send this message to lesbians and gay men: "[w]e are really tired of you. We wish you'd go back in the closet."

In sworn depositions for the case, the state's leading official overseeing adoption policy was asked, "Do you know of any child welfare reason at all for excluding gay people from adopting children?" The official, Carol Hutchison, answered, "No." 

She was then asked if she believes children's best interests would be served if lesbians and gay men were allowed to adopt. "As I previously stated, I think it's contraindicated to rule out such a large population of people who quite possibly could meet the needs [of] awaiting children," she said.

The ACLU told the appeals court Thursday that it's unconstitutional for the state to have a law with no basis other than expressing disapproval toward gay people. "There's no question that's what Florida is doing -- and it's exactly what the Constitution meant to prevent," Coles said.