Published: Sep 22, 2010 11:05 PM EDT
Updated: Sep 22, 2010 12:47 PM EDT

MIAMI (AP) - A Miami appeals court has upheld a ruling overturning Florida's law banning adoption by gays.

The 3rd District Court of Appeal issued its decision Wednesday affirming a lower court's decision that the ban is unconstitutional.

Florida is the only state with a law flatly banning gays from adopting children without exception. Gays can be foster parents in Florida.

A Miami-Dade County judge ruled the gay adoption ban unconstitutional in 2008, but the state appealed. The case will ultimately go to the state Supreme Court.

Martin Gill and his male partner, along with the American Civil Liberties Union, filed the lawsuit in their attempt to adopt two brothers, whom they have cared for as foster children since December 2004.