The state is appealing a Miami-Dade County judge's November 2008 ruling that the law is unconstitutional. The ruling came in the case of Martin Gill, who along with his partner has adopted two young boys. The appeals court is hearing arguments Wednesday in Miami.
State attorneys say the judge essentially legislated from the bench and that state lawmakers should decide the matter. Attorneys for Gill and the two boys say the judge was expected to review the facts in detail before making her decision.
The American Civil Liberties Union, which is representing Gill, calls Florida's gay adoption ban the broadest such law in the nation.