Florida's strict ban on adoption by gay people is unconstitutional because no other group, even people with criminal backgrounds, are singled out for a flat prohibition by state law, an appeals court ruled Wednesday.

The ruling by the 3rd District Court of Appeal upholds a 2008 decision by a Miami-Dade County judge who found "no rational basis" for the ban when she approved the adoption of two young brothers by Martin Gill and his male partner. The prohibition was first enacted in 1977 and is the only law of its kind in the nation, according to court records.

In a 28-page opinion, a three-judge panel of the court noted that gay people are permitted to become foster parents or legal guardians in Florida, yet are the only group not allowed to adopt.

"It is difficult to see any rational basis in utilizing homosexual persons as foster parents or guardians on a temporary or permanent basis, while imposing a blanket prohibition on those same persons," wrote Judge Gerald Cope for the panel. "All other persons are eligible to be considered case-by-case to be adoptive parents."

The decision is likely to be appealed to the Florida Supreme Court, which could then determine the ultimate fate of the law. "We note that our ruling is unlikely to be the last word," the appeals panel said.

The ruling came in an appeal of the 2008 decision by the state Department of Children & Families, which had urged the judges to consider evidence of what it said were risk factors among potential gay parents. These factors, according to attorneys for the department, included more sexual activity by children of gay parents and more incidents of teasing and bullying suffered by children from gay households.

The American Bar Association’s Death Penalty Representation Project will acknowledge Philadelphia law firms Reed Smith LLP and Drinker Biddle & Reath LLP’s role in ground-breaking, pro bono litigation of capital punishment appeals with an Exceptional Service Award on Wednesday, Sept.22, 2010 in Houston.  

“There is no greater responsibility for an attorney than to defend a person whose life is at risk,” said ABA President Stephen N. Zack. “These firms are courageous, passionate and skilled advocates who are deeply committed to core principles of justice like due process and fairness, despite the demands of these cases.  They represent the best of our profession and make us proud.”  

Drinker Biddle & Reath partner and death penalty expert Lawrence Fox will accept the award at the 24th Anniversary and Volunteer Recognition Event in Houston, TX.  Fox is a renowned contributor to systemic defense reform.  He is recognized for his amicus filings, which were cited by New York University law professor Anthony Amsterdam in his letter nominating the firm for the award; for standards-writing; and as an expert witness.

Reed Smith attorneys Christopher Walters and David Kochman will accept the award on behalf of their firm.  Reed Smith was nominated by the Southern Center for Human Rights and Equal Justice Initiative, which cited the firm’s leadership in four death row cases in Alabama in 2008.  Each of the four men were only weeks away from losing appeal rights due to lack of legal representation; and the death sentence in each case was imposed by a trial judge who overrode the jury’s decision to impose life without parole.

With nearly 400,000 members, the American Bar Association is the largest voluntary professional membership organization in the world.  As the national voice of the legal profession, the ABA works to improve the administration of justice, promotes programs that assist lawyers and judges in their work, accredits law schools, provides continuing legal education, and works to build public understanding around the world of the importance of the rule of law.

Australia and New Zealand Banking Group said on Wednesday it will vigorously defend a class action suit by customers for recovery of bank fees.

Earlier class-action law firm Maurice Blackburn said it would file a $48 million class action suit against ANZ, with up to 11 other lenders at risk of similar suits in the future.

The suit is against exception fees, which include charges for insufficient funds, overdrawn bank or credit card accounts and late credit card payments.

"We recognised that these fees were unpopular with customers. This is why we took action to simplify fees," the CEO for its Australian operations Philip Chronican said in a statement.

A suspect in the execution-style killings of three college students in a New Jersey schoolyard in 2007 pleaded guilty Tuesday, days before his trial was set to begin.

Melvin Jovel, 21, pleaded guilty to three counts of murder, one count of attempted murder and weapons charges in the Newark attacks.

Prosecutors said Jovel and five other young men lined up Iofemi Hightower and Dashon Harvey, both 20, and 18-year-old Terrance Aeriel, against a schoolyard wall and shot each of them in the back of the head.

A fourth victim, who survived, testified at the first trial in the case that she was sexually assaulted, slashed with a machete and shot in the head. She is not being identified by The Associated Press because of the sexual assault charge.

"With this guilty plea today, the victim and the surviving family members are spared one trial and Mr. Jovel will spend the rest of his life behind bars," said Essex County Assistant Prosecutor Thomas McTigue. "We can now move on with the prosecution of the remaining cases."

The International Criminal Court will launch cases against as many as six suspected instigators of postelection violence in Kenya that left more than 1,000 people dead in 2007-08, the chief prosecutor announced Tuesday.

Luis Moreno Ocampo said in a statement that he will present two separate cases to judges before the end of the year charging between four and six people he believes "bear the greatest responsibility for the most serious crimes."

Tuesday's statement did not mention the names of potential suspects or give more detail on when Moreno Ocampo would file the cases to judges at the court, who would have to authorize any arrest warrants. In April, Moreno Ocampo said he had a list of 20 possible suspects that included leaders of President Mwai Kibaki's Party of National Unity and Prime Minister Raila Odinga's Orange Democratic Movement.

Kenya asked the court to help investigate the violence, but its commitment to cooperate with the world's first permanent war crimes tribunal was called into question last month when the country refused to arrest Sudan's President Omar al-Bashir during a visit. Al-Bashir has been indicted for genocide for allegedly masterminding atrocities in Sudan's Darfur region.

The man accused of killing a North Carolina police chief's daughter is expected in an upstate New York courtroom where he will be arraigned as a fugitive from justice.

Police say Michael Neal Harvey killed 23-year-old Valerie Hamilton last week and dumped her body in a self-storage unit.

A team of state, local and federal officers arrested the convicted sex offender on Monday at a home in Niagara Falls, where he was raised.

The 34-year-old Harvey was expected to appear Tuesday morning in Niagara County Court in nearby Lockport. The appearance was postponed until Tuesday afternoon because paperwork was unfinished.

He was wanted on a murder warrant after Hamilton's body was found Saturday in a Charlotte, N.C., self-storage unit.

She was the daughter of Concord, N.C., police Chief Merl Hamilton. Her funeral is being held Tuesday afternoon at a Concord church.