by Mike Andrew - SGN Staff Writer

Mississippi's ban on adoptions by same-sex couples ended at midnight May 3.

The state had until that time to file an appeal of a federal court ruling finding the ban unconstitutional, but the deadline passed without action by state attorneys.

'Mississippi was the last state in the nation that prohibited adoption by gay couples, so in all 50 states, gay couples are allowed to adopt kids, as it should be,' Roberta Kaplan, lead attorney in the case, told BuzzFeed News.

'As far as the state is concerned, gay couples and their kids can't be treated differently than anyone else.'

In March, U.S. District Court Judge Daniel P. Jordan III issued a preliminary injunction preventing the Mississippi Department of Human Services from enforcing the adoption ban.

In his decision, Jordan cited the U.S. Supreme Court's Obergefell decision legalizing same-sex marriages.

'The majority of the United States Supreme Court dictates the law of the land, and lower courts are bound to follow it,' the judge wrote. 'In this case, that means that [the adoption ban] violates the Equal Protection Clause of the United States Constitution.'

Mississippi attorneys could have appealed Jordan's decision to the 5th U.S. Circuit Court of Appeals, but their time expired without action on their part.

Susan Hrostowski, one of the plaintiffs in the case, along with her wife, Kathryn Garner, told BuzzFeed News, 'I've been waiting 16 years to be able to adopt my son, so I'm overjoyed about that.'

Hrostowski, who is an Episcopal priest, said she was offended by the use of religious arguments to defend the discriminatory ban.

'A goodly number of Christians are tired of being painted with that brush, so we're standing up,' she said.

'There are a lot of children in the foster care system, and children in shelters, who need good, loving homes,' Hrostowski added. 'There are many gays and lesbians who could be their parents. Research has shown time and time again we make fine parents.'

The lawsuit was brought by the Campaign for Southern Equality, the Family Equality Council, and same-sex couples whose attempts to adopt through the foster care system or private agencies had been blocked by Mississippi officials.

Kaplan also litigated USA v. Windsor, the case that resulted in the end of DOMA. She said that she would submit a formal request asking Judge Jordan to make March's preliminary injunction into a permanent injunction against enforcing the state's adoption ban.

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