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Bush Appointee Thwarts Gay Right to Adopt

BY ALM Staff
August 31, 2004

President Bush's recess appointment of William H. Pryor Jr. to the 11th U.S. Circuit Court of Appeals outraged senators who objected to Pryor's record on issues such as gay rights, abortion and federalism. Although the Democrats managed to block a vote on his nomination, the President's appointment will allow Pryor to remain on the bench through 2005.

The Issue

Since February, when Pryor joined the bench, his decisions have reflected the largely uncontroversial, everyday work of federal courts. Now, however, Pryor has made an impact in the type of case that concerned his opponents. On July 21, he provided a key vote against three homosexual couples challenging Florida's law banning adoption by gays and lesbians. Deciding whether to reconsider an earlier Eleventh Circuit ruling that said the couples did not have a fundamental right to adopt children, the court split 6-6. Because a majority of judges is needed to reconsider a matter, the couples' request failed. Had Pryor not been placed on the court, the vote would have gone 6-5 in favor of the couples' request. The 6-6 vote broke mostly along lines that perhaps confirm the importance of a president's ideological considerations in making appointments.

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