DEPT. OF CHILDREN v. ADOPTION OF X.X.G.

No. 3D08-3044.

45 So.3d 79 (2010)

FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES, Appellant, v. In re Matter of ADOPTION OF X.X.G. and N.R.G., Appellees.

District Court of Appeal of Florida, Third District.

September 22, 2010.


Attorney(s) appearing for the Case

Bill McCollum , Attorney General, and Scott D. Makar , Solicitor General, and Timothy D. Osterhaus , Deputy Solicitor General, for appellant.

Charles M. Auslander , The Children's Trust; Greenberg Traurig and Hilarie Bass and Elliot H. Scherker and Brigid F. Cech Samole and Ricardo Gonzalez and Elaine D. Walter , Miami; Robert F. Rosenwald, Jr. , and Shelbi D. Day , American Civil Liberties Union; Leslie Cooper ; Hillary Kambour , Guardian Ad Litem Program, for appellees.

Mary E. McAlister ; Mathew D. Staver and Anita L. Staver , Orlando, for Liberty Counsel, as amicus curiae.

Benjamin W. Bull , Brian W. Raum , Byron J. Babione , Alliance Defense Fund; Buckley & Fudge and Rebecca O'Dell Townsend , St. Petersburg, for the American College of Pediatricians, as amicus curiae.

Cynthia L. Greene , Miami; Luis E. Insignares , Fort Myers; Scott L. Rubin , Miami, for the Family Law Section of The Florida Bar, as amicus curiae.

H. Collins Forman, Jr. ; John T. Stemberger , Orlando, for Perry W. Hodges, Jr., Esquire, Dissenting Member of the Family Law Section of The Florida Bar, as amicus curiae.

Jenner & Block and William M. Hohengarten ; Nathalie F.P. Gilfoyle ; Carlton Fields and John R. Blue , St. Petersburg, and Sylvia H. Walbolt and Joseph Hagedorn Lang, Jr. , and Nancy J. Faggianelli , Tampa, for the American Psychological Association, as amicus curiae.

Paolo G. Annino and Chelsea Boehme Rice and Talbot D'Alemberte , for Talbot D'Alemberte and the Public Interest Law Center at FSU College of Law; Florida International University Juvenile Justice Clinic, Professor Phyllis Williams Kotey, Professor Margaret Maisel, Professor Troy Elder and Dr. Amy D. Ronner, as amici curiae.

Ross & Girten and Lauri Waldman Ross and Theresa L. Girten , Miami; Wilmer Cutler Pickering Hale and Dorr and Elizabeth L. Mitchell and Benjamin Brown and Katherine Halliday ; Professor Joan Heifetz Hollinger, for The Center for Adoption Policy; The Child Welfare League of America; The Florida Chapter of the American Academy of Pediatrics; The Foster Care Alumni of America; The Foster Children's Project of the Legal Aid Society of Palm Beach County; The National Association of Social Workers ("NASW") and The Florida Chapter of the NASW; The National Center for Adoption Law and Policy; The National Center for Youth Law; The North American Council on Adoptable Children, as amici curiae.

Karl Johansson , in proper person, for the Christian Coalition of South Florida, as amicus curiae.

Joseph S. Jackson , for The University of Florida Fredric G. Levin College of Law Center on Children and Families; The University of Miami School of Law Children and Youth Law Clinic; The Nova Southeastern University Law Center Children and Families Clinic; The Barry University School of Law Children and Families Clinic; Professor Barbara Bennett Woodhouse, Professor Michael J. Dale, Professor Timothy Arcaro, Professor Brion Blackwelder and Professor Gerard F. Glynn, as amici curiae.

Robin L. Rosenberg , West Palm Beach; Peterson & Myers and Stephen R. Senn, Lakeland, for The Florida's Children First, Inc., as amicus curiae.

Baker & McKenzie and Robert F. Kohlman and Angela Vigil and Robert H. Moore , Miami, and Megan Renza , for Child Advocacy Clinic at Hofstra School of Law; Children and Family Justice Center of the Bluhm Legal Clinic of Northwestern University School of Law; Civitas Child Law Center; Loyola Chicago School of Law; Evan B. Donaldson Adoption Institute; Justice for Children Project; Ohio State University School of Law; Juvenile Law Center; Children's Law Center of Minnesota; Lawyers for Children America; Rocky Mountain Children's Law Center; Southern Poverty Law Center; Support Center for Child Advocates, as amici curiae.

Brinkley, Morgan, Solomon, Tatum, Stanley & Lunny, for The Florida Chapter of the American Academy of Matrimonial Lawyers, as amicus curiae.

Before COPE, SHEPHERD and SALTER, JJ.


COPE, J.

This is an appeal of a final judgment of adoption, under which F.G. became the adoptive father of two boys, X.X.G. and N.R.G. (collectively, "the children"). The trial court found, and all parties agree, that F.G. is a fit parent and that the adoption is in the best interest of the children.

The question in the case is whether the adoption should have been denied because F.G. is a homosexual. Under Florida law, a homosexual person is allowed to be...

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