There is no rational reason to prohibit all gay people from adopting children, a Florida appeals court said yesterday in a ruling.


Florida is the only remaining U.S. state to expressly ban adoption by gay men and women without exception, the ruling noted.


A lower court found in 2008 that the ban violated the state constitution’s guarantee of equal treatment.


The Florida Department of Children and Families said the lower court erred and the adoption was illegal under the state’s 33-year-old ban on adoption by gays.


But the state’s Third District Court of Appeal in Miami yesterday upheld the lower court’s finding that “there is no rational basis for the statute.”