(San Francisco, California) A San Jose gay couple is suing an internet based adoption service after it refused them service.
In a decision issued Wednesday, federal district court judge Phyllis Hamilton ruled that a lawsuit against Adoption.com for discriminating against same-sex couples can proceed to trial.
Adoption.com is the largest adoption-related internet business in the United States. Among other for-profit services, it permits prospective adoptive parents to post their personal profiles in hopes of connecting with potential birth mothers. They will not, however, permit same-sex couples to post their profiles.
In 2002, the company refused to accept an application from San Jose residents Rich and Michael Butler, a same-sex couple who have been together eight years and who sought to post their profiles on one of Adoption.com’s websites.
Dale Gwilliam, a spokesperson for the company, allegedly told the Butlers that Adoption.com does not allow gay and lesbian couples to use their services.
Represented by the National Center for Lesbian Rights the Butlers filed a lawsuit challenging this discriminatory policy under California law, which prohibits businesses from discriminating on the basis of sexual orientation.
In his ruling allowing the suit to move forward Judge Hamilton rejected the company’s argument that it does not have to comply with California’s non-discrimination laws.
“We are relieved that we will have a chance to hold Adoption.com accountable for violating California law by discriminating against gay and lesbian couples,” said Rich Butler. “Same-sex couples are just as capable of providing good homes for children as different-sex couples.”
“Judge Hamilton’s ruling is a victory for all children in this state,” said Kate Kendell, the Executive Director of the National Center for Lesbian Rights. “We are long past the day when adoption agencies or businesses can exclude loving, competent parents simply because they are lesbian or gay.”
The National Center for Lesbian Rights argued on behalf of an Idaho man who has been denied access to his children because he is gay. (story) It is also one of the groups representing same-sex couples in lawsuits over marriage in California.
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