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LOFTON v. SECRETARY OF DEPT. OF CHILDREN & FAMILY

No. 01-16723.

358 F.3d 804 (2004)

Steven LOFTON, Douglas Houghton, Timothy Acaro, next friend of John Doe and John Roe, Wayne Smith, Daniel Skahen, John Doe, John Roe, minor children, Plaintiffs-Appellants, Angela Gilmore, et al., Plaintiffs, v. SECRETARY OF THE DEPARTMENT OF CHILDREN AND FAMILY SERVICES, (formerly H.R.S.), District Administrator, District XI of Florida Department of Children and Family Services, Defendants-Appellees, Charlie Crist, Attorney General of the State of Florida, Defendant, Robert Pappas, District Administrator, District X of Florida Department of Children and Family Services, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

Decided January 28, 2004.

Attorney(s) appearing for the Case

Randall C. Marshall, American Civil Liberties Union of Florida, ACLU Foundation of Florida, Inc., Elizabeth Schwartz, Miami, FL, Leslie Cooper, Matthew A. Coles, American Civil Liberties Union, New York City, for Plaintiffs-Appellants.

Casey Walker, Moss, Henderson, Blanton & Lanier, P.A., Vero Beach, FL, for Defendants-Appellees.

Philip L. Graham, Jr., Sullivan & Cromwell, New York City, for Child Welfare League of America, Amicus Curiae.

Ruth E. Harlow, Lambda Legal Defense, New York City, for Lambda Legal Defense and Education Fund, Amicus Curiae.

William C. Duncan, Marriage Law Project, Washington, DC, for Hon. R.J. Ball and 21 members of Legislature, Amicus Curiae.

Before BIRCH, CARNES and HUG, Circuit Judges.

BIRCH, Circuit Judge:

In this appeal, we decide the states' rights issue of whether Florida Statute § 63.042(3), which prevents adoption by practicing homosexuals, is constitutional as enacted by the Florida legislature and as subsequently enforced. The district court granted summary judgment to Florida over an equal protection and due process challenge by homosexual persons desiring to adopt. We AFFIRM.

I. BACKGROUND

A. The Challenged Florida...

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