Courting Discrimination: The 2003 Supreme Court Ruling That Demolished Sodomy Laws Has Yet to Provide a Boost for Gay Rights at the Local Level

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Last summer, gay rights advocates hailed the historic U.S. Supreme Court decision that struck down remaining sodomy laws across the country. Jubilant speakers at rallies everywhere predicted that the Lawrence v. Texas decision would drastically influence gay and lesbian equal rights cases for the better. "Let a slate of recent high-profile court cases has shown that the aftermath of Lawrence hasn't been as revolutionary as many assumed.

In January the 11th U.S. circuit court of appeals upheld a lower court's ruling that gay men and lesbians in Florida could not adopt children. The court ignored Lawrence, writing that "any argument that the Florida legislature was misguided in its decision is one of legislative policy, not constitutional law." The decision rebuffed three foster families, including partners Steve Lofton and Roger Croteau, whose case was made famous by Rosie O'Donnell. The men had raised their son for most of his life.

The American Civil Liberties Union tins asked the 11th U.S. circuit court of appeals in Atlanta to reconsider the ruling. "The appeals court completely misunderstood the Supreme Court's ruling in Lawrence v. Texas, which says that states can …