COX v. FLA. DEPT. OF HEALTH & REHAB. SRVS.

No. 82967.

656 So.2d 902 (1995)

James W. COX, Petitioner, v. FLORIDA DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, Respondent.

Supreme Court of Florida.

Rehearing Denied July 5, 1995.


Attorney(s) appearing for the Case

Nina E. Vinik, American Civil Liberties Union Foundation of Florida, Miami, Doris A. Bunnell of Doris A. Bunnell, P.A., Bradenton, and Marc E. Elovitz and William B. Rubenstein of American Civil Liberties Union Foundation, New York City, for petitioner.

Anthony N. DeLuccia, Jr., Dist. Legal Counsel, Fort Myers, and Linda K. Harris, Deputy Gen. Counsel, Tallahassee, State of Florida, Dept. of Health and Rehabilitative Services, for respondent.

Ira J. Kurzban of Kurzban, Kurzban & Weinger, P.A., Miami, amici curiae for Florida Psychological Ass'n, Nat. Ass'n of Social Workers, Inc., and Fourteen Concerned Academics.

William E. Adams, Jr. and Rosemary Wilder, Fort Lauderdale, Beatrice Dohrn, Lambda Legal Defense and Education Fund, Inc., New York City, and Paula Brantner and Elizabeth A. Hendrickson, National Center for Lesbian Rights, San Francisco, CA, amici curiae for Gay and Lesbian Lawyers Ass'n, Florida Academy of Public Interest Lawyers, Inc., Lambda Legal Defense and Education Fund, Inc., Nat. Organization for Women (Florida Chapter), and Nat. Center for Lesbian Rights.

John M. Ratliff and Christina A. Zawisza, Children First Project, Legal Services of Greater Miami, Inc., Miami, and Lawrence W. Gordon of Caruana, Gordon, Langan and Eisenberg, P.A., Miami, amicus curiae for Children First: a Joint Project in Law, Medicine and Educ.; and The Youth Law Center.

Kenneth L. Connor, Tallahassee, amicus curiae for The Rutherford Institute.

Robert M. Brake, Eileen M. Brake and William Sanchez, Coral Gables, and Thomas Horkan, Tallahassee, amicus curiae for Florida Catholic Conference.


PER CURIAM.

We have for review State v. Cox, 627 So.2d 1210 (Fla. 2d DCA 1993), which expressly declared valid section 63.042(3), Florida Statutes (1991), and expressly construed several provisions of the Florida Declaration of Rights. Art. I, Fla. Const. We have jurisdiction. Art. V, § 3(b)(3), Fla. Const.

Petitioner James W. Cox is a gay male who, along with a partner, sought to adopt a special needs child...

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