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MIAMI, Florida (AP) -- Four gay men lost a federal challenge Wednesday to the only blanket state law banning homosexuals from adopting children, a statute passed at the height of Anita Bryant's anti-homosexual campaign.
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.
"Obviously we're crushed," said Paul Cates with the American Civil Liberties Union's Lesbian and Gay Rights Project.
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."
Mathew Staver, president of Liberty Counsel, a conservative civil liberties legal group, hailed the decision. "In this age of judicial activism, it is refreshing to see a court assume its proper role and allow the people to set family policy," he said.
An after-hours call to the attorney who argued the state's case was not immediately returned.
The decision comes as states react to court rulings favoring gay marriage and a Supreme Court decision in June striking down laws criminalizing gay sex.
"We think the court is wrong in thinking that the Constitution lets the government assume that sexual orientation has anything to do with good parenting," the ACLU's Cates said.
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.
Edward Schiappa, a University of Minnesota law professor who follows gay rights 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.
"This has become an extraordinarily hot political button," he said.
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.
"Obviously we're crushed," said Paul Cates with the American Civil Liberties Union's Lesbian and Gay Rights Project.
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."
Mathew Staver, president of Liberty Counsel, a conservative civil liberties legal group, hailed the decision. "In this age of judicial activism, it is refreshing to see a court assume its proper role and allow the people to set family policy," he said.
An after-hours call to the attorney who argued the state's case was not immediately returned.
The decision comes as states react to court rulings favoring gay marriage and a Supreme Court decision in June striking down laws criminalizing gay sex.
"We think the court is wrong in thinking that the Constitution lets the government assume that sexual orientation has anything to do with good parenting," the ACLU's Cates said.
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.
Edward Schiappa, a University of Minnesota law professor who follows gay rights 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.
"This has become an extraordinarily hot political button," he said.
This is ridiculous and I certainly hope it goes to the supreme court and gets overturned.
Guy
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