Florida Department of Children and Families v. Adoption of X.X.G. and N.R.G.

A Florida statute barred homosexuals from adopting children while allowing unmarried and single individuals generally to adopt, and did not restrict homosexuals from becoming foster parents or legal guardians. F.G., a gay foster parent, sought to adopt his foster children, X.X.G. and N.R.G., who were thriving in his care; the Florida Department of Children and Families (defendant) opposed the petition under the statute, conceding both that homosexual and heterosexual parents could be equally good parents and that F.G. specifically was a fit parent providing a safe, stable home, but arguing the children would face less discrimination and better role models in a non-homosexual household. The trial court found the statute violated equal protection under the Florida Constitution and granted the adoption, and DCF appealed.