There is no rational reason to prohibit all homosexuals from adopting children, a Florida appeals court said on Wednesday in a ruling that upheld a gay man’s adoption of two young boys.
Florida is the only remaining U.S. state to expressly ban adoption by gay men and women without exception, the ruling noted.
A lower court found in 2008 that the ban violated the state constitution’s guarantee of equal treatment. It allowed the plaintiff, a gay man named Frank Martin Gill, to adopt two boys — half-brothers he had been raising as foster children since 2004.
The Florida Department of Children and Families said the lower court erred and the adoption was illegal under the state’s 33-year-old ban on adoption by gays.