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Florida Department of Children and Families v. Adoption of X.X.G. and N.R.G.

District Court of Appeal of Florida for the Third District
45 So. 3d 79 (2010)


A Florida statute prohibited homosexuals from adopting children but allowed unmarried individuals and single individuals to adopt children. The statute did not prohibit homosexuals from being foster parents or legal guardians. F.G. (plaintiff) was a homosexual and became the foster parent of X.X.G. and N.R.G. (the children). The children thrived in F.G.’s home, and F.G. filed a petition to adopt the children. The Florida Department of Children and Families (DCF) (defendant) opposed the petition under the Florida statute. DCF conceded that homosexuals and heterosexuals could make equally good parents. DCF also conceded that F.G. specifically was a fit parent and provided a safe, stable home for the children. DCF argued, however, that the children would face less discrimination and have better role models if the children were placed in non-homosexual homes, particularly in homes with a husband and a wife. The trial court found that the statute violated F.G.’s right to equal protection under the Florida Constitution. The trial court invalidated the law and granted F.G.’s adoption petition. DCF appealed.

Rule of Law


Holding and Reasoning (Cope, J.)

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