, 358 F.3d 804 (11th Cir. 2004), is a decision from the United States Court of Appeals for the Eleventh Circuit upholding Florida's ban of adoption of children by homosexual persons.
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In contrast, the First Circuit held in Cook v. Gates, 528 F.3d 42 (1st Cir. 2008), that heightened scrutiny applied to substantive due process sexual privacy challenges, as opposed to the rational basis review used by the 11th Circuit in Lofton.
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