By Julie Bolcer
Originally published on Advocate.com August 26 2009 2:20 PM ET
The Florida state court of appeals is hearing arguments in Miami on Wednesday about last year's ruling that struck down the law barring gay couples from adopting, reports the Associated Press.
Last November, Miami-Dade County judge Cindy S. Lederman ruled that the sweeping ban, often called the strictest is the nation, is unconstitutional. The decision concerned the case of Frank Martin Gill, who along with his partner sought to adopt two boys for whom they had served as foster parents for four years.
Florida law allows gays and lesbians to serve as foster parents, but it prohibits them from adopting.
Judge Lederman ruled that the ban violated the equal protection requirement of the Florida constitution and contradicted the state policy of finding permanent homes for children. The judge said there was “no rational basis” for preventing gays and lesbians from adopting.
Some legal observers say the case is likely to arrive before the Florida supreme court. That court upheld the ban in 1995.