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Florida ban on gay adoption unconstitutional, court rules
Lawyers for the state of Florida are considering whether to ask the Florida Supreme Court to review a decision by a Miami-based appeals court striking down a 33-year ban on adoption by gay couples.
Gov. Charlie Crist (I) said the state would not enforce the ban pending a decision on whether to appeal the 28-page ruling handed down on Wednesday. He said he was pleased by the ruling.
The three-judge panel of the Third District Court of Appeal ruled that Florida's ban on gay adoption violates the equal protection clause of the Florida Constitution.
The decision upholds an earlier ruling by a state trial judge that state officials have no rational basis to deny a fit foster parent who happens to be gay the right to adopt the two boys he's cared for since 2004.
Florida law permits homosexuals to serve as foster parents and to serve as legal guardians. But a section of the law prohibits homosexuals from adopting a child.