Due process/family law question

[Steve Sanders]

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?
 
Many thanks,
Steve Sanders
 


 <http://www.stevesanders.net/> 

 
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