In a victory for equal rights advocates in Florida, Judge Cindy S. Lederman of Miami-Dade Circuit Court ruled 'unconstitutional' a 31-year-old state law banning adoptions by gays and lesbians. Scholars say Lederman's decision does not set precedent elsewhere, even in her court. But if it is upheld on appeal, it would upend a state law on the books since 1977.

In the case, the state presented experts who said gay couples are more likely to suffer from depression and abuse drugs and alcohol, and are four times more likely to attempt suicide. However, Lederman soundly rejected the state's arguments, noting that organizations like the American Psychological Association, the American Psychiatry Association and the American Pediatric Association all support adoptions by same-sex couples.

In her 53-page decision, Lederman wrote that the law violated equal protection rights for children and their prospective parents, adding: "The best interests of children are not preserved by prohibiting homosexual adoption. It is clear that sexual orientation is not a predictor of a person's ability to parent."

Florida is the only state with a complete ban on gay adoption. Arkansas and Utah ban unmarried gay or straight couples from adopting or fostering children. Mississippi bans gay couples, but not single gays, from adopting.

The ruling will allow Frank Martin Gill, 47, a gay man from North Miami, to adopt two foster children whom he has raised since 2004. In a news release issued by the American Civil Liberties Union, Gill said: "Our family just got a lot more to be thankful for this Thanksgiving. We are extremely relieved that the court has recognized that it is wrong to deny our boys the legal protections and security that only come with adoption."