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.
Available at: http://works.bepress.com/michael_england/3/