Group protests interracial adoption ruling

By Associated Press

AUSTIN (AP) - A state judge has refused to certify a lawsuit by white parents of two adopted black children as a class action on behalf of all minority children in the state's foster care system.

Adoptive parents Scott and Lou Ann Mullen of Lexington, east of Austin, have accused the Texas Department of Protective and Regulatory Services of illegally holding up interracial adoptions. They are represented by the Washington-based Institute for Justice.

Judge F. Scott McCown of Austin said in a Tuesday ruling that Mullen, who is white, and his wife, who is Native American, cannot adequately represent the class composed primarily of black and Mexican-American children.

"Generally parents share an identity of interest with their children, but that general rule does not apply here. These are parents whose desire was to adopt minority children. Their point of view is that of the adopting parent, not the adopted child," McCown said.

McCown said people who want to bring such a lawsuit don't have to be blacks or Mexican-Americans who once were awaiting adoption under state conservatorship. He also said the adoptive parents' race isn't the only reason they cannot adequately represent the minority children.

"But the next friends who speak for African-American and Mexican-American children should be qualified by experience or perspective to advance the children's point of view," McCown said.

The judge also said he knows little about the Institute for Justice, and that what he does know "is troubling."

He said institute lawyers have said they are pursuing the case as "part of our mission to restrict the power of the regulatory welfare state and to demonstrate the negative and harmful effects of racial classification."

McCown said the minority children in question, however, benefit from such racial classifications as adoption subsidies.

"In sum, these are 'cause' lawyers and their cause is not abused and neglected minority children," he wrote.
McCown also said recent amendments to a state law prohibiting denial or delay of adoption based on race "may well solve the problem."

Clint Bolick, vice president of the Institute for Justice, said, "This is an outrageous ruling. It reflects precisely the racial stereotyping that this lawsuit challenges.

"Moreover, the Institute's record on behalf of minority children around the country is second to none," Bolick said. He said lawyers are considering an appeal.