Florida's ban on gay adoption is going before an appeals court on Wednesday.

The state is appealing a Miami-Dade County judge's ruling that the gay adoption ban is unconstitutional.

In her November 2008, 53-page decision, Judge Cindy S. Lederman said the law violated equal protection rights for children and their prospective parents.

"The best interests of children are not preserved by prohibiting homosexual adoption," she wrote.

But state attorneys say she legislated from the bench and that state lawmakers should decide the matter.

A spokeswoman for the attorney general's office said the case is likely to end up before the State Supreme Court.