A 30-year-old Florida law that prohibits adoption by gay men and lesbians is unconstitutional, a state appeals court ruled on Wednesday, and the state's governor said the law would not be enforced pending a decision on whether to appeal.

The decision by Florida's Third District Court of Appeal said that Florida's adoption law, which bans adoption by gay men and lesbians while allowing them to be foster parents, had "no rational basis" and thus violated the equal protection clause in the State Constitution. Judge Gerald B. Cope Jr. wrote the opinion, which affirmed a 2008 decision from a lower court.

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