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First Hearing in Challenge to Florida's Ban on Gay Adoptions Set
for Monday March 6 in Key West
March 2, 2000
The first hearing in the federal court challenge to Florida's ban on lesbian and gay adoptions will be held March 6 at 10 a.m. in U.S. District Court in Key West (301 Simonton Street). At the hearing, Judge James Lawrence King will hear oral arguments on motions filed by Florida Attorney General Robert A. Butterworth and the Florida Department of Children and Families to dismiss the case.
The case was filed in May 1999 by the American Civil Liberties Union (ACLU) and Children First Project on behalf of children who are being denied loving adoptive homes and the gay men and lesbians who wish to be adoptive parents. Children First Project, a Florida advocacy organization, is representing the children in the case; the ACLU is representing the adults.
Florida is the only state where children are denied adoptive parents on the basis of the sexual orientation of their potential adoptive parents.
Attorney General Robert Butterworth filed a motion to dismiss all claims against him in June 1999 on grounds that he is not charged with the enforcement of the challenged statute and that officials of the Department of Children and Families, rather than the Attorney General, are responsible for its enforcement.
Department of Children and Families officials filed a motion to dismiss all claims against them in July 1999 asserting that Florida's ban on gay adoptions is not unconstitutional on the basis of plaintiffs' arguments. The Department is also challenging the plaintiffs' standing to bring the case. Attorneys for ACLU and Children First Project will oppose the motions to dismiss.
