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About Just out. (Portland, OR) 1983-2013 | View Entire Issue (Feb. 6, 2004)
15 fflìT!T7!F7n?Tìneii;s ter parents while banning gay P o rtlan d boys future is in limbo as a result o f a Jan. 28 court decision adoptive parents. M eanw hile, the state’s allowing Florida to remain the queer rights organization is only state with a blanket prohibi tion on gay adoption. calling on the Legislature to A three-judge panel of the 11th Circuit U.S. repeal the state’s anti-gay Quirt of Appeals unanimously sided with the states by Jim R ad o sta adoption law. Equality Florida argument that it has a right to legislate its “moral and community groups across disapproval of homosexuality" and its belief that the state held meetings and children need a married parent for healthy develop rallies Jan. 29 to organize a ment. However, Florida policy allows gay people to response to the legal setback. care for foster children and single parents to adopt. “T he court’s ruling is not “We were hoping that the courts would per only bad news for gay Floridi form one o f their most important functions, ans, it is bad news for children namely protecting people from the prejudices of who will be denied good legislators that were written into law a quarter o f homes,” executive director a century ago,” said Howard Sim on, American Nadine Smith said. “W hile the Civil Liberties U nion o f Florida executive direc legal fight continues to unfold, tor. “If single people can adopt in Florida, if gay we believe it is past time for people can be foster parents and legal guardians the Legislature to repeal this and if there are thousands o f children languishing state-sanctioned bigotry.” in foster care, there can be no justification for A ccording to the state Florida’s b an ...o th er than impermissible preju Department of Family and dice and hostility toward gay people.” Children, more than 3,400* T he most restrictive adoption law in the children in Florida foster care country, the ban passed in 1977 at the height of are waiting to be placed in Anita Bryants infamous anti-gay campaign. T h e stable homes. More than A CLU brought the suit on behalf o f four gay men 500,000 kids are in the system who would like to adopt in Florida but are pre nationwide. In addition to Florida, two vented from doing so because o f the policy. One of the plaintiffs, Steve Lofton, now lives in other states have anti-gay Portland with his partner, Roger Croteau, and their adoption policies. Mississippi five children, all bom with HIV, including three prohibits adoption by same-sex foster kids from Florida. Although the Florida chil couples, while Utah prohibits dren— two 16-year-olds and a 12-year-old— have gay or unmarried heterosexual never known any other family, they cannot be couples from adopting. adopted by the couple because o f the ban. Every mainstream child Because the youngest Florida child, Bert, is advocacy and mental health younger than 14 and no longer tests HIV-positive, organization is opposed to the state now deems him “adoptable” and has excluding gay people from began the prexess of finding him another family. adoption. T h e Child Welfare Even though he no longer lives in Florida, he still League of America, Ameri is subject to its foster care rules. can Academy of Pediatrics, “We are living in dangerous times,” said lesbian American Psychiatric Associ mother and former talk show host Rosie O ’D on ation, American Psychologi nell, who came (Hit in a 2002 PrimeTtme Live inter cal Association and National Association o f Social Workers view to shed light on the Lofton-Croteau case. and numerous others have “T he struggle for civil rights continues. It is my hope, this case will be heard by the Supreme G x irt, issued statem ents affirming Steve Lofton (left) and Roger Croteau sued Florida for the right to adopt foster the ability o f gay men and les where this ahsurd discriminatory decision will be children Bert (cen ter), Tracy (bottom) and Frank (top). Wayne (far left) and bians to parent and adopt. reversed. W hat a sad day for all Americans.” Ernie (far right) were placed with the family by the state of Oregon. Florida Gov. Jeb Bush told T h e Associated ‘ Anyone who truly cares taken from their families,” said Matt G iles, A CLU Les Press that he was “pleased” about the decision. “It is in about children knows that subjecting them to a series of bian and Gay Rights Project director. “We are explor the best interest o f adoptive children, many o f whom temporary homes and no real sense of family cannot ing the legal options, and when we have decided what possibly be in their best interest, especially when there come from troubled and unstable backgrounds, to be course o f action to pursue we will release more details.” are loving and capable same-sex parents ready to open placed in a home anchored both by a father and a Edward Schiappa, a University of Minnesota law their homes and hearts to them,” said Cheryl Jacques, mother,” he said. Human Rights Campaign president. “This ruling places professor who follows gay issues, believes the case is T he A C L U has not yet decided how to proceed. It destined for U .S. Supreme G x irt review in 2005. He a higher premium on antiquated and discriminatory could ask the full appeals court to consider the issue. predicts the state will have a hard time defending the “We intend to do everything we can to make sure assumptions about gay and lesbian people than on the best interests o f the state’s children and families.’ ’ j n policy because o f its inconsistency in allowing gay fos that none o f the children involved in this case are A A C rushing D efeat Portland gay couple lose challenge to Florida adoption ban this case "It is in the best interest o f adoptive children, many of whom come from troubled and unstable backgrounds, to be placed in a home anchored both by a father and a mother. N ext A dventure P ortlands A lt € rmatim €; S porting G o o k 9 tor € © a ™ © !/“ @ Si (gram® Bryan = §© 3=233=® ^® ®