Fla. gay adoption ban goes to appeals court

Lawyer Blogs

A Florida appeals court is being urged to affirm a judge's ruling that the state's strict ban on adoptions by gay people is unconstitutional.

Attorneys for parent Martin Gill and his two children argued Wednesday in Miami that there's no rational basis to exclude gay people. Gill and his partner have adopted two young brothers.

State lawyers contend the Legislature should make such decisions. They claim the judge wrongly legislated from the bench in striking down the law last year.

The American Civil Liberties Union, which is representing Gill, calls Florida's gay adoption ban the broadest such law in the nation.

It will likely be months before the appeals court issues a ruling, which could then be appealed to the Florida Supreme Court.

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