United States Eleventh Circuit

Florida Statute section 63.042(3), which prevents adoption by practicing homosexuals, is constitutional as enacted and as subsequently enforced. Nothing in the Constitution forbids the state's policy judgment that it is not in the best interests of its displaced children to be adopted by individuals who "engage in current, voluntary homosexual activity."

Appellate Information

• Decided 01/28/2004
• Published 01/28/2004

Judges

• BIRCH, Circuit Judge:, Before BIRCH, CARNES and HUG , Circuit Judges.

Court

• United States Eleventh Circuit

Counsel

• For Appellant:
  
• Randall C. Marshall, American Civil Liberties Union of Florida, ACLU Foundation of Florida, Inc., Elizabeth Schwartz, Miami, FL, Leslie Cooper, Matthew A. Coles, American Civil Liberties Union, New York City, for Plaintiffs-Appellants., Philip L. Graham, Jr., Sullivan & Cromwell, New York City, for Child Welfare League of America, Amicus Curiae., Ruth E. Harlow, Lambda Legal Defense, New York City, for Lambda Legal Defense and Education Fund, Amicus Curiae., William C. Duncan, Marriage Law Project, Washington, DC, for Hon. R.J. Ball and 21 members of Legislature, Amicus Curiae.


• For Appellees:
  
• Casey Walker, Moss, Henderson, Blanton & Lanier, P.A., Vero Beach, FL, for Defendants-Appellees.