Oscar's relatives are amenable, but the state of Florida says no. A 1977 state law prohibits adoption by any lesbian or gay man, the toughest anti-homosexual adoption measure in the country. In a few months, perhaps by September, that ban will face its toughest challenge. A federal court trial in Key West that could lead to the U.S. Supreme Court. Lawyers from the American Civil Liberties Union and a Florida child-welfare group will argue that the law unconstitutionally discriminates against gays and limits opportunities for the 3,000 Florida foster children awaiting adoption.
Conservatives say the law is the state's way of protecting traditional families.
How the case is ultimately decided could send a signal about the future legality of gay adoption, now governed by a patchwork of laws and policies around the country. Mississippi and Utah enacted laws last year prohibiting adoption by same-sex couples, but only Florida has an explicit ban extending to all gays and lesbians. A quirk of Florida law is that gays and lesbians are allowed to be foster parents. You need to be a quasi-psychologist. But we've become very good at it.