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Supreme Court Discusses Gay Adoption Rights

By ALM Staff | Law Journal Newsletters |

The Supreme Court considered gay rights at the justices' first private conference of the new year on Jan. 7. The Florida gay adoption case, Lofton v. Secretary of the Florida Department of Children and Families, is one of dozens of cases the Court discussed at its conference with an eye toward granting or denying review.

If the justices do grant review, the case will give the Court its first chance to comment on the scope of its 2003 Lawrence v. Texas ruling that announced due process and privacy rights for homosexuals. The Eleventh U.S. Circuit Court of Appeals narrowly applied Lawrence and an earlier ruling — Romer v. Evans — on Jan. 28, 2004, when it upheld Florida's 1977 law excluding gay people from eligibility as adoptive parents. Florida is the only state that explicitly bars homosexuals from adopting children, although Mississippi prohibits couples of the same sex from adopting, and Arkansas prohibits homosexuals from being foster parents. (The Arkansas statute is currently being challenged.)

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