Due process/family law question
stevesan at umich.edu
Sun Jul 25 22:11:24 PDT 2010
The 11th Cir's Lofton decision held that a state law categorically barring
gays and lesbians from adopting children does not violate equal protection
or due process. What if state law would allow such adoptions, but a state
family court denies a petition in a particular case and the record makes
clear the denial was based on animus by the court toward gays (not on sound
best-interests-of-the-child analysis). If the Constitution allows a state
to deny gays and lesbians adoption rights as a group, can anti-gay bias in a
particular adoption case (again, where state law itself does not prohibit
the adoption) ever be the basis for a viable constitutional claim? Perhaps
it's a violation of procedural due process?
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