By BOB KECSKEMETY

The Florida Department of Children and Families announced on Tuesday that it will not appeal the ruling of the 3rd Circuit Court of Appeals’ decision to overturn Florida’s ban on gay adoption. The lower court ruled on September 22 that Florida’s 33-year old ban was unconstitutional; however, the ruling could have been appealed to the Florida Supreme Court.

The original suit was filed by the ACLU on behalf of Martin Gill who, along with his partner, wished to adopt their two foster children. Late last year, Miami-Dade County Judge Cindy Lederman decided that Gill could adopt the children. The decision was then appealed to the 3rd Circuit Court of Appeals by the DCF. That court considered the case for 13 months prior to arriving at its September ruling.

A spokesperson for the DCF stated that due to the 3rd Circuit Court’s three-judge unanimous ruling and the initial ruling by Judge Lederman, an appeal to the Supreme Court would have a less than limited chance of a different outcome. The DCF also stated that they considered the ruling to be statewide and that the department’s adoption applications were being revised to remove the question concerning sexual orientation.

Florida Governor Charlie Crist had also previously announced that he would not enforce the anti-gay adoption law and had no plan to appeal on behalf of the State. However, Florida Attorney General Bill McCollum, who has opposed gay adoption in the past, may still appeal the ruling to the higher court. Nadine Smith, Executive Director of Equality Florida said in a written statement that “It’s clear they’ve done what they are supposed to do — they’ve put the needs of the children first. There are no credible voices left to defend this ban. It hurts children, and it appeals to fear, lies and stereotypes.”

Opponents to lifting the ban said they were disappointed by the latest ruling and hoped the Attorney General would continue to defend the gay adoption ban. It is currently uncertain what the Attorney General’s office will do, but a statement released from the office said, “We appreciate the announcement and look forward to a conversation with DCF about what the next actions will be.”