A 1977 Florida state law that bans gay individuals from adopting has received its biggest challenge thus far: Foster father Frank Martin Gill won his suit to adopt two brothers he has been fostering since 2004.
In her decision this morning, Miami Dade Circuit Judge Cindy Lederman ruled that there was no "rational basis" to prevent the children from being adopted. The case, which marks the first time that a gay adoption case has been taken before a trial court in Florida, seems likely to go before the Florida Supreme Court, which could overturn the ban.
Although several states have de facto bans against gay couples adopting and an unknown number of conservative-leaning courts make it virtually impossible, Florida is the only state that prohibits gay individuals from adopting. But it allows them to be foster parents. That means that when Gill wanted to adopt the two boys he'd fostered for four years, ages 4 and 8, he couldn't, leaving the brothers as official wards of the state.
Read more:
Judge in Miami Rules Florida Ban on Gay Adoption Unconstitutional