Florida Won't Appeal Ruling That Found Gay Adoption Ban Unconstitutional

PUBLISHED: OCTOBER 13, 2010

The Florida Department of Children and Families (DCF) announced Tuesday evening that it would not appeal a court ruling that found the state's

 gay adoption ban unconstitutional, CNN reported.

Last month, a 3-judge appeals court unanimously upheld a lower court's

 ruling that found the law to be unconstitutional and to have “no rational

 basis.”

“We had weighed an appeal to the Florida Supreme Court to achieve an

 ultimate certainty and finality for all parties,” DCF spokesman Joe Follick 

told CNN. “But the depth, clarity and unanimity of the DCA opinion – and 

that of Miami-Dade Judge Cindy Lederman's original circuit court decision – 

has made it evident that an appeal would have a less than limited chance

 of a different outcome.”

Attorney General Bill McCollum has yet to announce whether his department

 will appeal the ruling.

The decision means that Frank Martin Gill, the plaintiff being represented by

 the American Civil Liberties Union (ACLU), can legally adopt the two half

 brothers he and his partner have raised since 2004.

“We are happy to hear that DCF wants to bring this case to an end and allow

 the Gill family to get on with their lives,” Howard Simon, executive director

 of the ACLU of Florida, said in a statement.

“What is needed now is a similar statement from Florida Attorney General Bill McCollum that will formally end this case and allow judges to decide – on a 

case-by-case basis – what is in the best interests of children.”

“Ending this case here will mean that gay people throughout the State of

 Florida can apply to adopt and will be treated like everyone else,” Simon 

added. “This means that more children will have the opportunity to have a permanent home with a loving family.”

Florida enacted the ban 17 years ago. It is the only state with an outright ban. Other states have enacted laws that limit gay couples' access to adoption. 

Such as Arkansas, which denies unmarried couples – in a state that bans gay marriage – the right to jointly adopt children.

BY CARLOS SANTOSCOY