Religion & Law

Yesterday, I posted what I referred to as a kind of "prolegomenon".  Now, to continue.  This is part one.  More parts will follow in due course.  We all know that a picture can be worth a thousand words (loathe as we academic often are to admit it).  Well, a real-world narrative can be worth a thousand abstractions.  [What follows is quoted material.]

On December 11, 2004, two male siblings, ages four and four months, were removed from their home on allegations of abandonment and neglect and placed into the custody of the State. Searching for an immediate placement, the child protective investigator contacted Petitioner, a licensed foster caregiver, to inquire of his availability and willingness to accept the two children on a temporary basis. The investigator explained that the two children, John Doe and James Doe, needed, and deserved, a good Christmas. Petitioner agreed to accept the children, temporarily, until a more permanent placement could be found.

Twenty-months later, upon the termination of parental rights of John and James respective biological fathers in July and April 2006, respectively, and the termination of the parental rights of their mother in July 2006, the children became available for adoption. The children remained in Petitioner?s care throughout the pendency of those proceedings and currently, while they continue to await adoption. Although all parties involved initially contemplated that the foster care placement would be temporary, the children have now been in Petitioner?s care and custody for four years. John is now eight and James is four, the same age John was at the time of the initial placement. Since the date the children were placed in care, neither the Center for Family and Child Enrichment (?CFCE?), nor the Department of Children

and Families (the ?Department?) received any applications from prospective adoptive parents seeking to adopt John or James until this petition in September 2006.

Petitioner, the unmarried 45-year old1 foster care provider of John and James petitioned to adopt the siblings to, among other ambitions, ?provide a permanent family for them where they will be nurtured and well taken care of.?2 Thereafter, CFCE performed a positive preliminary home study as to the suitability of Petitioner as a prospective adoptive parent. However, CFCE did not recommend, and the Department subsequently denied, Petitioner?s application for adoption. Petitioner is a homosexual.  [The relevant statute provides that] ?[n]o person eligible to adopt under this statute may adopt if that person is a homosexual.?]

The children arrived at the home of Petitioner and Tom Roe, Sr., domestic partners, and

Tom Roe, Sr.?s then eight-year old biological son, Tom Roe, Jr., on the evening of December 11,

2004. John, the elder sibling, arrived with his four-month old brother wearing a dirty adult sized

t-shirt and sneakers four sizes too small that seemed more like flip-flops than shoes. Both

children were suffering from scalp ringworm. Although John was clearly suffering from a

severe case of ringworm, the medication brought from John?s home to treat his scalp was

unopened and expired. James, too, suffered from an untreated ear infection, as evidenced by the

one-month old, nearly unused, medication. John did not speak and had no affect. He had one

concern: changing, feeding, and caring for his baby brother. It was clear from the children?s first

evening at the Petitioner-Roe home that the baby?s main caretaker was John, his four year old

brother.

On that December evening, John and James left a world of chronic neglect, emotional

impoverishment and deprivation to enter a new world, foreign to them, that was nurturing, safe,

structured and stimulating. Although Petitioner and Roe had fostered other children, caring for

John was the most challenging of their foster care experiences. For the first few months, John

seemed depressed and presented a void, unresponsive demeanor and appearance. Upon arriving

at the Petitioner home, John did not speak a word for about one week. After two weeks, he

began to mumble imperceptible utterances. After about one month, John finally began speaking.

Petitioner quickly learned that John had never seen a book, could not distinguish letters from numbers, could not identify colors and could not count. He could not hold a pencil. He had

never been in an early childhood program or day care. Nevertheless, John?s potential for

educational development was apparent. Although he had not had any formal education, John

could sing and pick up lyrics very quickly. Early on, Petitioner and Roe noticed that John

hoarded food by requesting additional servings at the start of dinnertime and later hiding the

extra food in his room. John eventually grew out of this behavior, due in part to a tactic

employed by Petitioner and Roe of showing John, in advance of mealtime, the more than

sufficient amount of food on the stove prepared and available for the family.

James was a very happy baby and was content with anyone, even strangers. After

approximately two months, James began to exhibit signs of attachment to his primary caregivers,

Petitioner and Roe. John, however, took about two years to fully bond. At one time, John

shunned hugs from Petitioner and Roe. However, in his own time, John developed bonding and

today, initiates goodbye hugs each morning before going to school.

Petitioner and Roe met in 1999 and began living together in July 2000. Petitioner, who

has a Bachelor in Psychology and Masters Degree in Public Health, has worked as a flight

attendant for American Airlines for 17 years. Roe has worked for Amtrak for 10 years. On their

second anniversary, the two acknowledged their commitment before friends and family by

exchanging matching rings at an informal ceremony at their home. Since that time, they have

considered themselves spouses. They support each other financially by pooling their money into

joint checking accounts. Both Petitioner and Roe?s families support their union. At some point,

Petitioner and Roe decided to expand their family. After considering surrogacy and adopting

abroad they decided to become foster parents. Since becoming foster parents, Petitioner and Roe have fostered a total of nine children including John and James. When fostering, Petitioner says

they treat their foster children just like a biological child. Petitioner describes Roe as nurturing

and stable. Although both Petitioner and Roe parent the three children in their home, they made

a strategic decision that only Petitioner should petition to adopt John and James, believing a twoparent

gay adoption would be impossible. If Petitioner?s petition to adopt is successful, Roe

plans to initiate a second parent adoption at a later date. Nonetheless, Roe signed an affidavit

committing to adopt the children alone should Petitioner die prior to the conclusion of the instant

case.

On weekdays, the household wakes up at about 6:30 a.m. Petitioner usually prepares

breakfast, permitting each child to assist with an assigned kitchen duty. Each morning, the

family eats together without distraction from the television. As each child finishes his breakfast,

he puts his dish in the sink and proceeds to the bathroom to brush his teeth and hair. Petitioner

and Roe purchased a Ford minivan, which Petitioner jokes was not his dream car, however, to

accommodate the family size, is the most feasible. Tom Roe, Jr. is dropped off at school first.

Afterwards, Petitioner takes John and James to school, walking them into their classrooms and

usually speaking to their respective teachers. In the afternoon, after Petitioner picks the boys up

from school, they generally go to the park for tennis lessons. At the conclusion of their lessons,

the family heads home for dinner. At mealtime, the family blesses the food together and takes

turns sharing the highlights of their day. Phones are not answered and the television is off during

dinner. After the children are excused from the table, the older children load the dishwasher.

After dinner, the children spend one hour doing their homework. Although James does

not have homework, he spends time at the table pretending to do homework. John requires more supervision and one-on-one interaction to complete his homework. If a child finishes his

homework early, the remaining time is spent reading. After homework is completed, the

children are allowed to watch television. At bedtime, the boys retreat to their separate beds.3 By

morning, however, James seems to always find his way into John?s bed.

The family attends a non-denominational Christian church and have as pets, a dog, rabbit

and kitten. John and James refer to Petitioner and Roe as ?papi? and ?daddy? respectively. John

and James have lived in the same neighborhood, attended the same school, day care and aftercare

since their arrival in the Petitioner-Roe home. As a result, each child has created friendships

from school and in the neighborhood. John and James are closely bonded to Tom Roe, Jr., and

their extended family. The boys consider Petitioner and Roe?s parents, brothers and sisters their

grandparents, uncles and aunts. The extended family sends the boys gifts for their birthdays and

the holidays. Roe?s mother, who lives in Tampa, visits the family regularly.

[That's enough for now.  More to come, later]