The State of New Texico Rests...

Mad Professah is judging in the Third Annual National Sexual Orientation Moot Court Competition at UCLA Law School tomorrow organized by the Williams Institute on Sexual Orientation and Public Policy.

The problem involves a statute passed by the state of New Texico (sic) which has the effect of preventing single-sex, cohabiting couples from adopting children in that state. To wit, the questions that will be argued are:

The questions are limited to:

1. Does Amendment 1A to Section 23 of the New Texico Family Code violate the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution by drawing a distinction between persons in a “domestic homosexual relationship” and all other persons?

2. Does Amendment 1A to Section 23 of the New Texico Family Code impermissibly infringe on Petitioners’ constitutionally protected liberty interests under the Due Process Clause of the Fourteenth Amendment to the United States Constitution?

Although, this is simply a moot court competition question, the controversy over restrictions on same-sex adoption is ongoing. In particular, the recent 11th Circuit Decision in Lofton upholding Florida's ban on gay or lesbian people adopting children comes to mind.