# Lofton v. Secretary of the Department of Children & Family Services

> Court of Appeals for the Eleventh Circuit · January 28, 2004 · 377 F.3d 1275

URL: https://www.frixlaw.com/law-library/cases/9415823

## Case

- **Full name:** Steven LOFTON, Douglas Houghton, Timothy Acaro, Next Friend of John Doe and John Roe, Wayne Smith, Daniel Skahen, John Doe, John Roe, Minor Children, Plaintiffs-Appellants, Angela Gilmore, Et Al., Plaintiffs, v. SECRETARY OF THE DEPARTMENT OF CHILDREN AND FAMILY SERVICES, (Formerly H.R.S.), District Administrator, District XI of Florida Department of Children and Family Services, Defendants-Appellees, Charlie Crist, Attorney General of the State of Florida, Defendant, Robert Pappas, District Administrator, District X of Florida Department of Children and Family Services, Defendant-Appellee
- **Court:** Court of Appeals for the Eleventh Circuit
- **Decided:** January 28, 2004
- **Citations:** 377 F.3d 1275
- **Precedential status:** Published
- **Opinion:** Dissent by Marcus
- **Judges:** Edmondson, Tjoflat, Anderson, Birch, Dubina, Black, Carnes, Barkett, Hull, Marcus, Wilson, Pryor
- **Cited by:** 2 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9415823

## Opinion text

MARCUS, Circuit Judge,
Dissenting from the Denial of Rehearing En Banc in which TJOFLAT and WILSON, Circuit Judges, join:
I believe there is a serious and substantial question whether Florida can constitutionally declare all homosexuals ineligible to adopt while, at the same time, allowing them to become permanent foster parents, and not categorically barring any other groups such as convicted felons or drug addicts from adopting. There is undeniably an important question whether this statutory scheme meets a minimal standard of rational basis review. Accordingly, I dissent from the denial of rehearing en banc.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9415823. Public record. Not legal advice.