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North Miami resident Martin Gill won the right to adopt two children today. What makes this case unusual is that Gill is openly gay. A Miami circuit judge ruled the states ban on gay adoptions was unconstitutional because allows different treatment for gay people and the children they raise for no rational reason. Neil Skene, a spokesman for the Department of Children and Families says the agency will appeal.

“I may not like a traffic light that’s installed on the street corner, but I don’t have the right to just ignore it and go through the intersection,” DCF spokesman Neil Skene said. “So, the legislature has made a determination that there are categories of people that can and cannot adopt and it’s not for us to sit here and make an argument to the contrary.

A stay in the case is automatic when the state appeals, but it can be overturned by the circuit court if it is challenged.