Under Florida law, gays and lesbians can be state-appointed foster parents or permanent guardians but cannot be adoptive parents.

Some states like Mississippi and Utah prevent unmarried couples from adopting but Florida statute 63.042 states: "No person eligible under this statute may adopt if that person is a homosexual."

The Florida case awaiting a court ruling involves Frank Martin Gill who seeks court approval to adopt his two foster sons.

Stratton Pollitzer of Equality Florida, a gay, lesbian, transgender and bisexual group, told the South Florida Sun-Sentinel there is no scientific evidence that children raised in gay homes become homosexual.

"In fact, child welfare evidence shows that gay parents are as capable of being good parents as anyone else," Pollitzer said.