Teaser

We are in a legislative chamber, and roll is being called. “Mr. Williams?” “Aye!” “Mr. Willis?” “Aye!” “Ms. Yellin?” “Nay!” “Mr. Zern?” “Aye!” The clerk pauses for a moment before announcing. “By a vote of 112 in favor to 35 against, the Protection of Adopted Children Act hereby passes.” The chamber bursts into applause as we smash cut to:

CREDITS

Act 1

We fade in on the division office. The team is meeting in Jack’s office to discuss a case file. An adoption is about to be finalized. Everything appears to be in order. Amanda interrupts to note that there’s one more thing to be considered. There’s an awkward silence until she notes that the prospective adoptive father is gay and lives with another man. Alice wonders why that matters. Terrence calmly explains that the Protection of Adopted Children Act provides that homosexuals may not adopt children in this state to protect children. Jack shakes his head for a moment. “We better cross all our t’s and dot all our I’s on this one. I want a full work-up on this one.”

Cut to: Amanda walking up the walk to the house. The potential adoptive fathers greet her on the doorstep. They show her around the home, which is gorgeous and clearly set up for a young child. They explain that they’ve had their foster child, Hannah, for just over a year and there have been no problems. She’s 9, and there are pictures of her hanging all over the place. They explain that because of who they are, they know they’ll never be able to have a biological child of their own, but that Hannah is the closest they’ll ever have. Cut to commercial

Act 2

Alice is sitting in the DCFS offices in the interview room with Hannah, a very pretty, if a bit tomboyish, nine year old. Alice begins to talk with Hannah, who doesn’t want to talk to the stranger at first but slowly begins to open. Hannah talks about her old life, where she was neglected and abused by her parents. Then, Lawrence and Tom took her in, and, for the first time in her life, she feels good. It’s clear from the discussion that Hannah loves her new life and her “daddies.”

Alice continues to talk with Hannah and asks her how the kids at school deal with her “two daddies.” Hannah admits that there has been some teasing from some of the kids in her class, but that most of her friends have said nothing about it. She recognizes that her new family may be somewhat “funny,” but she also knows that her “daddies” love her. Alice hugs Hannah and says goodbye to her as she wanders into Amanda’s office, where they chat. They both agree that there’s absolutely no evidence that would support a denial of adoption. The child is in a stable and safe living environment, and if the adoption is terminated, Hannah will be placed back into the foster care pool, and will have to start her search for a home and a family anew.

Act 3

Alice, Amanda, and Terrence gather in Jack’s office to present the case. Amanda and Alice come in, briefly explain their findings, and state that they believe there is no basis for terminating custody. Jack interrupts, asking whether the PAC Act disposes of the matter. “Isn’t it a bright line?,” he asks. “If they’re gay, and they admit they are, they don’t have the right to adopt.” Amanda snaps back at him.

AMANDA

I thought our job was to look after the best interests of the child. What that law requires is that we take Hannah away from the one place she’s known happiness. What that law requires is that we act AGAINST her best interests. Isn’t that supposed to be exactly what we’re fighting against?

JACK:

The law is the law, and it’s our job to enforce it.

AMANDA:

But isn’t there a higher law? I didn’t get into this line of work to take kids out of safe, happy, and healthy homes. I cam here to put kids in those homes, and what you’re asking me to do is contrary to the principles.

Terrence cuts the argument off.

TERRENCE

Enough. Our job here IS to act in children’s best interests. But the legislature, in its wisdom, has decided that allowing children to live with gay men and women is bad for those children. They make the law. We don’t. I’m sure the foster parents will oppose the motion, but I’ll prepare it.

Dissolve to a courtroom. The court calls the case of “In re Hannah F.” The judge explains that this is a motion to compel the state to issue a decree of adoption brought by Hannah’s foster parents, with a cross motion by the state to terminate the foster parent relationship. The attorney for the parents steps up and begins to argue: “This case is not a hard one. The question is whether the state has the right to take away a child from parents just because the state does not like who they are. I’m sure you’ve read the Lawrence case by now. What I think Lawrence stands for is that all people—gay or straight—must be treated equally before the law. The PAC Act is a violation of our Constitution as surely as a law that prohibited African-Americans from adopting would be. This law must be set aside—it violates equal protection, and this court should, no, it must, strike it down and allow this adoption.”

Terrence responds: “Lawrence is an important case, and it’s rightly decided. But what opposing counsel has done here is misstate what Lawrence is about. Yes, Justice O’Connor, in her concurrence, applied an equal protection rationale to strike down the statute, but the majority of the court did not. The holding of the court is that there is a zone of sexual privacy. It’s not an excuse to overturn laws left and right. You may think this law is a bad idea. In fact, several of my co-workers have told me that they do. But it’s the law. It’s what our legislature has decided. That’s what we have to follow.”

The judge sighs. “I want an hour to reread Lawrence and look over the law itself. I know this is an important decision for your client, Mr. Williams, but I want to make sure I get it right”

Act 4

We return to the courtroom, where the judge delivers his ruling from the bench.

JUDGE

This is not an easy case by any means. What it does is pit the law passed by our legislature against what I, and apparently some other folks, believe would be a just outcome. The movants have made a strong case that the PAC Act is unconstitutional. (beat) But not a strong enough one. At this level, I must resolve every doubt in favor the state. The state passed a law. That law is clear, and while it may well eventually be declared unconstitutional, it is the law, and I am bound to enforce it. The constitutionality of this law is not properly before this court—my job is simply to apply the law that exists. And that law requires me to deny movant’s motion for custody and grant the state’s motion to terminate the foster child relationship.

He bangs the gavel, as we dissolve to the steps of the courthouse, where the fathers’ attorney is giving an impromptu press conference.

ATTORNEY

We do intend to appeal. It’s our belief that the PAC Act is unconstitutional and a federal court will overturn it. We experienced a setback today, but in every fight, there have to be losses. Today, sadly, was one of them, but it is not the end. I’ll take questions now.

Terrence and Amanda walk down the steps of the courthouse, largely unnoticed.

AMANDA

Think they’ll win?

TERRENCE

Hard to say. It’s not an easy fight. But our job is done. The federal suit will be defended by the state attorney general’s office.

AMANDA

So are you happy with how it came our.

TERRENCE

We did our job. Our job is to enforce the laws of this state. (awkward beat)

AMANDA

I’ve got to get back to the office. I have five investigations tomorrow, and need to get the paperwork together. You headed home?

Terrence nods as he walks away. CUT TO:

Terrence walks into a bar looking wiped out from the long day. The bartender greets him. Terrence asks for a glass of scotch, neat. The bartender pours it for him and Terrence looks down at the glass, staring into it for a moment.

BARTENDER

Something wrong? Bad day at work?

TERRENCE

Sort of.

BARTENDER

Job not go well?

TERRENCE

Job went a little too well.

Terrence loosens his tie, downs the shot, and motions for another one as the camera pulls away and we see that the entire bar is populated with men. Terrence turns away to look at the barroom as a man walks into the room and walks up to Terrence, embracing him and giving him a passionate kiss.

MAN

Everything OK?

TERRENCE

Long day. Long day.

Fade to credits.