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Martin Gill, the gay man who won a court battle to adopt his foster children, is now asking the state not to appeal the ruling to the state Supreme Court. Such an appeal could provide finality to the case, but Gill, through his lawyers, says ending the case now is the quickest way for his adoption to be finalized. But as Mike Vasilinda tells us, the Attorney General is calling the decision “flawed” and may appeal himself.

After six years as a foster parent and more than two years in court, Martin Gill has won the right to adopt his two foster children. In a statement he is asking the state not to appeal the ruling. Gill says ending the case now is the quickest way for him to adopt. “It was a huge decision, and certainly it means a lot to me and my family.” Gill told us by phone on Wednesday.

The Department of Children and Families and Governor Charlie Crist both believe gays should be allowed to adopt. DCF says it has not kept track of how many gay people have applied to adopt and been turned down.”

The department has already stopped enforcing the law. Governor Charlie Crist has said he would defer the decision to appeal to Gill. “I had been given some indication, in fact, that they might want a decision by the Florida Supreme Court. In view of that, it sounds like probably not. the district court ruling has statewide application, as I understand it. So I think probably, enough is enough”, says Crist.

But Attorney General Bill McCollum may purse the appeal on his own. He calls the court opinion “technically flawed”. He will decide whether to appeal soon. “It is certainly something we will look at”, says McCollum, “as we always do, if we find the Department doesn’t want to go forward”.

It is unlikely an appeal would be settled before McCollum leaves office in January, opening the possibility for the next Attorney General to pursue or drop the case.

Attorney General McCollum has already spent more than 380 thousand dollars trying to uphold the gay adoption law.