Issues in Adoption | Restrictions on Gay and Lesbian Adoptions Are Unconstitutional

Most states in the country consider adoption applications on a case-by-case basis and have no blanket ban on adoption by lesbians and gay men. Nevertheless, sometimes judges deny adoption applications either explicitly because a prospective parent is gay, or under circumstances which make it fairly easy to conclude that was the reason (to have any chance of successfully attacking an order which is not explicit, the anti-gay motive has to be pretty obvious).

One way to attack these orders is to say that they are not allowed under state law. Since state laws usually require a...

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