Constitutional Law

Fla. Asserts Unstable Gay Homes Justify Adoption Ban

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A lawyer representing the state of Florida argued Wednesday that the state’s gay adoption ban is justified because gays have higher rates of domestic violence, psychiatric disorders and breakups.

In oral arguments before a state appeals court, Deputy Solicitor General Timothy Osterhaus did not disagree that the gay foster parent challenging the law was a good caretaker. But he said the adoption ban passes muster under a rational basis test, the Daily Business Review reports.

Lawyers for the gay foster parent, Frank Martin Gill, disputed the state’s statistical claims and said Florida should make adoption decisions on a case-by-case basis, rather than discriminating against a group. Gill and his partner have been foster parents to two half-brothers since December 2004.

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