Equality Florida Outraged Over Court Ruling Defending State’s Anti-Gay Adoption
BanFour gay men lost a federal challenge Wednesday to the only blanket state law banning homosexuals from adopting children, a Florida state statute passed at the height of Anita Bryant's anti-homosexual campaign.

“The courts ruling is not only bad news for gay Floridians, it is bad news for children who will be denied good homes,” said Nadine Smith, executive director for Equality Florida. “While the legal fight continues to unfold, we believe it is past time for the legislature to repeal this state-sanctioned bigotry.”

The 11th U.S. Circuit Court of Appeals ruled against the men, who are foster parents seeking to adopt children in their care despite the 1977 law.

Florida is the only state in the nation with a complete ban on adoption by gays, whether married or single. The law linked to the movement led by Bryant has withstood several challenges in state court.

Florida argued the state has a right to legislate its "moral disapproval of homosexuality" and its belief that children need a married parent for healthy development.

"We exercise great caution when asked to take sides in an ongoing public policy debate," Judge Stanley Birch wrote in the unanimous decision by the three-judge panel. "Any argument that the Florida Legislature was misguided in its decision is one of legislative policy, not constitutional law."

The ACLU expects to take at least a week before deciding how to proceed. It could ask the full appeals court to consider the issue.

“If single people can adopt in Florida, if gay people can be foster parents and legal guardians, and if there are thousands of children languishing in foster care, there can be no justification for Florida's ban on gay adoptions other than impermissible prejudice and hostility toward gay people.” said Howard Simon, Executive Director of the Florida ACLU.

Edward Schiappa, a University of Minnesota law professor who follows gay issues, believes the case is destined for Supreme Court review next year. He believes the state will have a hard time defending the law there because of its inconsistent policy allowing gay foster parents while banning gay adoptive parents.

Rally To Be Held in Tampa to Challenge the Bigoted Law
Thursday, January 29, 2004 at 6:00 pm
Equality Florida Headquarters
3708 W Swann Ave, Tampa
(just east of corner of Dale Mabry and Swann)

Join us this evening as our community and supporters gather to protest , strategize and organize around lifting the adoption ban. -- C. Vonn New, Central Florida Field Director & IT Manager, Equality Florida