Legal Opinion
Lofton v. Secretary of the Department of Children & Family Services
Court of Appeals for the Eleventh Circuit
Decided January 28, 2004No. 01-16723PublishedCited by 185 opinions
1Opinion of the Court
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 Statute
Since 1977, Florida’s adoption law has contained a codified prohibition on adop*807tion by any “homosexual” person. 1977 Fla. Laws, ch. 77-140, § 1,…
2Cases cited61 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Strickland v. WashingtonSupreme Court of the United States · 1984
- Miranda v. ArizonaSupreme Court of the United States · 1966
- Larry Bonner v. City of Prichard, AlabamaCourt of Appeals for the Eleventh Circuit · 1981
- Gideon v. WainwrightSupreme Court of the United States · 1963
56 more not listed; retrieve them via the Exa API.
3Cited by185 opinions
- Cohen v. JP Morgan Chase & Co.Court of Appeals for the Second Circuit · 2007
- Cai Luan Chen v. John Ashcroft, Attorney General of the United StatesCourt of Appeals for the Third Circuit · 2004
- Seegmiller v. LaVerkin CityCourt of Appeals for the Tenth Circuit · 2008
- Kerrigan v. Commissioner of Public HealthSupreme Court of Connecticut · 2008
- Cook v. GatesCourt of Appeals for the First Circuit · 2008
180 more not listed; retrieve them via the Exa API.