Florida Ban on Homosexual Adoption Overturned After 31 Years

"There is no question, the blanket exclusion of gay applicants defeats Florida's goal of providing dependent children a permanent family through adoption," Judge Cindy S. Lederman wrote in her 53-page ruling.

"The best interests of children are not preserved by prohibiting homosexual adoption."

The state attorney general's office has appealed the decision.

She said there is no moral or scientific reason for banning gays and lesbians from adopting, despite the state's arguments otherwise. The state argued that gays and lesbians have higher odds of suffering from depression, affective and anxiety disorders and substance abuse, and that their households are more unstable.

Lederman said the ban violated children's right to permanency provided under the Florida statute and under the federal Adoption and Safe Families Act of 1997. Whether the ban violated the state's equal protection clause by singling out gays and lesbians should be considered, she said.