Attorney General Bill McCollum has until 5 p.m. today to appeal a recent court ruling that overturned Florida’s 33-year-old ban on adoption by gay individuals.

The Department of Children and Families announced Tuesday that it will not seek an appeal, but McCollum still has the authority to bring the case to the Florida Supreme Court.

According to the Palm Beach Post, as of 5 p.m. Thursday, the attorney general’s office had no information about whether McCollum would appeal.

According to the Post,

typically, the attorney general is expected to defend Florida’s laws, [University of Central Florida political science professor Aubrey] Jewett said, but he or she does have discretion not to. Jewett said if he were a betting man, he would bet McCollum is not going to appeal.


McCollum has decided not to pursue an appeal; here’s a statement from him:

The constitutionality of the Florida law banning adoption by homosexuals is a divisive matter of great public interest. As such, the final determination should rest with the Florida Supreme Court, not a lower appellate court. But after reviewing the merits of independently seeking Supreme Court review, following the decision of our client the Department of Children and Families not to appeal the decision of the Third District Court of Appeal, it is clear that this is not the right case to take to the Supreme Court for its determination. No doubt someday a more suitable case will give the Supreme Court the opportunity to uphold the constitutionality of this law.

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