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LOFTON v. SECRETARY OF DEPT. OF CHILDREN

No. 01-16723.

377 F.3d 1275 (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.

July 21, 2004.

Attorney(s) appearing for the Case

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

Casey Walker, Murphy & Walker, P.L., 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, Brooklyn, New York, 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 EDMONDSON, Chief Judge, and TJOFLAT, ANDERSON, BIRCH, DUBINA, BLACK, CARNES, BARKETT, HULL, MARCUS, WILSON and PRYOR, Circuit Judges.

BY THE COURT:

The Court having been polled at the request of one of the members of the Court and a majority of the Circuit Judges who are in regular active service not having voted in favor of it (Rule 35, Federal Rules of Appellate Procedures; Eleventh Circuit Rule 35-5), the Petition for Rehearing En Banc is DENIED.

BIRCH, Circuit Judge, Specially Concurring in the Denial of Rehearing En Banc:

The dissents to the denial of rehearing en banc

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