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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 €
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