Court takes up Fla. gay adoption ban

NORTH MIAMI, Fla., Aug. 26 (UPI) -- A Florida appeals court began hearing testimony Wednesday on a state law barring adoption by homosexuals.

Miami-Dade Circuit Judge Cindy Lederman had ruled in November the 32-year-old law is unconstitutional. A three-judge panel of the 3rd District Court of Appeal is hearing oral arguments in the state's appeal of the ruling.

The case involves Martin Gill of North Miami, a gay man who has raised two half-brothers as foster children since 2004. The boys say they want Gill to adopt them, The Miami Herald reported.

Florida is the only U.S. state that forbids gays and lesbians from adopting. The legal challenge to Florida's law questions whether it serves a rational purpose or is an expression of bigotry toward gays and lesbians.

Deputy Solicitor General Timothy D. Osterhaus told the judges Wednesday the first trial included evidence that gays suffer disproportionately from mental illness, substance abuse, domestic abuse and other problems.

But lawyers for Gill said Lederman ruled correctly when she said there is little "credible evidence" to support claims that gays are not fit parents.