http://story.news.yahoo.com/news?tmpl=story&u=/ap/20040723/ap_on_re_us/gay_adoptions_2
Thu Jul 22, 9:57 PM ET
By ADRIAN SAINZ, Associated Press Writer
MIAMI - Florida's ban on adoptions by gays narrowly withstood another legal challenge, but some dissenting federal judges condemned the nation's only such blanket prohibition.
In a 6-6 vote, the 11th U.S. Circuit Court of Appeals (news - web sites) in Atlanta declined Wednesday to reconsider the case of four gay men who had appealed an earlier adverse ruling by a three-judge panel of the court.
One dissenting judge said the law was "irrational" under the Constitution's equal protection clause because it singles out gays. Another said he would move to change the law if he were a Florida legislator.
The American Civil Liberties Union (news - web sites) filed the request for the full appeals court to hear the case after the three-judge panel in January ruled against the men, who are foster parents seeking to adopt children in their care.
"Coming this close to having the whole court consider the issue is little consolation to the thousands of children in Florida foster care who are in need of permanent homes," said Leslie Cooper, attorney for the ACLU's Lesbian and Gay Rights Project.