MIAMI (AP) -- Florida's strict ban on adoptions by gay people is going before a state appeals court.
The state is appealing a Miami-Dade 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 oral arguments Wednesday in Miami.
State attorneys contend 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.