A Florida judge has found the state's 31-year ban on gay adoptions to be unconstitutional, reports the Miami Herald. The ruling from Judge David Audlin Jr. will allow a gay Key West resident to adopt the teenage boy he has raised as a foster parent since 2001.

Judge Audlin said the adoption was in the child's "best interest" and asserted that barring gays from adopting conflicted with the state constitution since it targets a specific group for punishment. Audlin had appointed the foster father to be the boy's legal guardian in 2006. At a hearing earlier this year, the order says the boy testified that he wanted the man to be his "forever father...because I love him," the Herald reports.

''Contrary to every child welfare principle,'' Audlin wrote in his opinion, ''the gay adoption ban operates as a conclusive or irrebuttable presumption that...it is never in the best interest of any adoptee to be adopted by a homosexual.''

Florida and Mississippi are the only two states that currently forbid gays and lesbians from adopting children.

(The Advocate) - September 11, 2008