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Unpublished Paper
In Whose Best Interest? Florida’s Statutory Ban On Homosexual Adoption And The Arguments Set Forth In Support Of An Absolute Ban, Represent The Perceived Best Interest Of A Conservative Morality And Not Those Of The Children.
ExpressO (2009)
  • Michael England, Stetson University College of Law
Abstract

This article addresses Same-Sex Adoption. Specifically, Florida’s on going statutory prohibition and the rationale behind the State’s ongoing animus towards homosexuals. This article provides the reader with the historical context that led to the development and passage of the Florida statute and it details the three key cases that have challenged the constitutionality of the statute. The article addresses and refutes several of the ongoing concerns that have been repeatedly presented by the opponents of Same-Sex adoption. This article ultimately concludes that an absolute preclusion based solely upon orientation, without further investigation into the fitness of the individual, is discriminatory, flawed, and ultimately not in the “best interests of the children” currently mired in Florida’s foster care system.

Disciplines
Publication Date
March 19, 2009
Citation Information
Michael England. "In Whose Best Interest? Florida’s Statutory Ban On Homosexual Adoption And The Arguments Set Forth In Support Of An Absolute Ban, Represent The Perceived Best Interest Of A Conservative Morality And Not Those Of The Children." ExpressO (2009)
Available at: http://works.bepress.com/michael_england/1/