Miami-Dade Circuit Judge Cindy Lederman Tuesday declared Florida's 50-year-old ban on gay adoptions unconstitutional -- a ruling state lawyers immediately said they would challenge.
The ruling sets the stage for Frank Gill, a gay man from North Miami, to adopt two foster children he has raised since 2004.
In a 53-page ruling, Judge Lederman said, ``It is clear that sexual orientation is not a predictor of a person's ability to parent.''
Two lawyers from the Florida Attorney General's Office said they would file an appeal Tuesday.
''We respect the court's decision,'' said Assistant Attorney General Valerie Martin. ``Based upon the wishes of our client, the Department of Children & Families, we will file an appeal.''
Gill, who is raising the half-brothers, ages 4 and 8, said he was ''elated'' by the ruling and ``I cried tears of joy for the first time in my life.''
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