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Gays and Adoption: the Latest in Florida

By ALM Staff | Law Journal Newsletters |
March 04, 2004

[Editor's Note: For up-to-date information on the fast-changing issue of same-sex marriage and adoption, please visit http://www.ljnonline.com/alm?map and click on the interactive map.]

On Jan. 28, the 11th U.S. Circuit Court of Appeals upheld Florida's right to prohibit gay men and lesbians from adopting children. Lofton v. Secretary of the Department of Children and Family Services, 01-17623. In a ruling written by Judge Stanley Birch, the court turned down a challenge to the 1977 law filed by four gay men seeking to adopt the children they are raising.

The law was enacted at the height of Anita Bryant's anti-homosexual campaign decades ago, and has withstood several challenges in state court. The decision comes as states react to court rulings favoring gay marriage and a Supreme Court decision in June striking down laws criminalizing gay sex.

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