The court says it was a policy decision by the legislature, and Florida's role as the only state with a gay adoption ban came about in an unusual way.
Lori Wilson was the sponsor of a sweeping adoption bill in 1977. That was the same time singer Anita Bryant was making headlines speaking out against gay rights. When the bill came up, Wilson was blind sided when a conservative senator offered an amendment banning gays from adopting.
Only five senators voted no on the ban. It has been a political hot potato ever since.
"As you know our policy is to allow for gay parents, gay couples to participate in foster care they can be guardians even," says Gov. Bush.
The Department of Children and Families says it does not keep track of the number of gay foster parents on its roll. When we asked if that number might mirror the percentage of gays in the population in the state, the agency said it doesn't have an opinion.
The American Civil Liberties Union says allowing gay foster parents but not adoptions by gays sets a double standard. The ACLU is considering taking the case to the U.S. Supreme Court, but they fear a loss there could result in bans being enacted in other states.
The gay couple that sought to adopt in Florida has moved from Miami to Washington State, which does not have a similar ban.