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LOFTON v. BUTTERWORTH

No. 99-10058-Civ-KING.

93 F.Supp.2d 1343 (2000)

Steven LOFTON; Douglas E. Houghton, Jr.; John Doe and John Roe, minor children, by and through their next friend, Timothy Arcaro; Angela Gilmore; Wayne Larue Smith; Daniel Skahen; Brenda Lynn Bradley; and Gregory Dale Bradley, Plaintiffs, v. Robert A. BUTTERWORTH, Jr., Attorney General of the State of Florida; Kathleen A. Kearney, Secretary of Florida's Department of Children and Families; Robert Pappas, District Administrator, District X of Florida's Department of Children and Families; and Sara Herald, District Administrator of District XI of Florida's Department of Children and Families, Defendants.

United States District Court, S.D. Florida.

April 21, 2000.

Attorney(s) appearing for the Case

John Ratliff, Christina A. Zawisza, Nova Southeastern University, Shepard Broad Law Center, Ft. Lauderdale, FL, Michael Adams, Leslie Cooper, American Civil Liberties Foundation, Inc., New York City, Karen Coolman, Ft. Lauderdale, FL, Elizabeth Schwartz, Miami, FL, Andrew Kayton, Miami, FL, for plaintiffs.

Casey Walker, Vero Beach, FL, James Peters, Gerald Curington, Office of the Attorney General, Tallahassee, FL, Samuel Chavers, Department of Children and Families, Tallahassee, FL, for defendants.

ORDER GRANTING IN PART DEFENDANTS' MOTION TO DISMISS

JAMES LAWRENCE KING, District Judge.

I. INTRODUCTION

Plaintiffs challenge the constitutionality of Florida Statute § 63.042(3)1 barring a homosexual from adopting a child in Florida, invoking federal jurisdiction under 42 U.S.C. §§ 1983 and 1988, 28 U.S.C. §§ 1331 and 1343, and 28 U.S.C. § 2201.

The Defendants, sued in...

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