## Facts

- Two minor children were removed from their biological parents for neglect and abandonment and placed with F.G. as foster parent in 2004.
- The children thrived in F.G.’s care; the trial court found F.G. fit and adoption to be in the children’s best interests.
- Florida law categorically barred adoption by a “homosexual,” while permitting adoption by unmarried and single persons and permitting gay individuals to serve as foster parents or legal guardians.
- F.G., a gay man, petitioned to adopt the children; the state agency opposed solely based on the statutory ban.
- The agency conceded that homosexuals and heterosexuals can be equally good parents and did not dispute F.G.’s fitness or the children’s progress in his home.
- The trial court, relying on expert evidence, found no child-welfare differences tied to sexual orientation and held the categorical adoption ban unconstitutional under the Florida Constitution’s equal protection guarantee, granting the adoption.
- The state agency appealed.

## Issues

1. Whether Florida’s categorical statutory prohibition on adoption by homosexual persons violates the Florida Constitution’s equal protection clause under rational-basis review.
2. Whether asserted child-welfare justifications (stigma, discrimination, and preferred “husband-and-wife” role models) supply a rational basis for excluding homosexual persons from adoption while allowing them to foster or serve as guardians.

## Decision

- The appellate court affirmed the judgment permitting the adoption.
- The court held the statutory categorical ban on adoption by homosexual persons unconstitutional under the Florida Constitution’s equal protection clause.
- Applying rational-basis review, the court concluded the classification lacked a rational relationship to the state’s legitimate interest in child welfare and permanency.
- The court accepted the trial court’s factual findings as supported by competent, substantial evidence, including findings that F.G. was fit and the children’s placement served their best interests.

## Legal Principles

- Under Florida equal protection rational-basis review, a statutory classification must be rationally related to a legitimate state interest; a distinction that is wholly arbitrary cannot stand.
- The state’s legitimate interest in protecting children and securing suitable adoptive placements does not justify an absolute exclusion unsupported by evidence and inconsistent with the state’s own child-welfare practices.
- Speculative concerns about social stigma or discrimination are insufficient to sustain a categorical exclusion, particularly where the statutory scheme permits adoption by other nontraditional households and permits homosexual persons to serve as foster parents and guardians.
- When the state concedes parental fitness and the record supports that gay and straight persons can parent equally well, a blanket prohibition singling out homosexual persons for disqualification lacks a rational basis.

## Conclusion

The court invalidated Florida’s categorical bar on adoption by homosexual persons as unconstitutional under state equal protection because it was arbitrary and inconsistent with the state’s child-welfare goals and practices, and it affirmed the adoption by a fit foster parent where adoption served the children’s best interests.


Fla. Dep't of Children & Families v. Adoption of X.X.G. & N.R.G., 45 So. 3d 79 (Fla. Dist. Ct. App. 2010)