A ROADBLOCK

Eventually, child-welfare administrators acknowledged that the boys were thriving in Gill's home, and they have made no attempts to move them. When Gill petitioned to adopt, administrators said they would have approved the request, but state law doesn't allow it.

At trial, the state's defense of the adoption law rested on the shoulders of two scholars -- George A. Rekers, a retired professor from the University of South Carolina, who taught neuropsychiatry and behavioral science, and Walter R. Schumm, an assistant professor of family studies at Kansas State University.

Rekers and Schumm argued that lawmakers were justified in excluding gay people from adoption because research shows that they are at greater risk of developing a host of impairments that can harm children, such as mental illness, alcohol or drug abuse, and the virus that causes AIDS.

Schumm testified that, based on research involving 2,847 children, the children of gay men and lesbians are far more likely to also become gay -- about 19 percent of children raised by gay parents, compared with 4 percent of children with straight parents.

Schumm said he was also concerned by a study that said that 47 percent of gay teenagers had seriously considered suicide, and that 36 percent had attempted it. ''If a child is gay, lesbian or bisexual, this is, in some sense, a life-threatening issue,'' he said.

Gay men and lesbians have two to four times the likelihood of suffering from major depression, anxiety or substance abuse, based on several national studies, Rekers testified. Gay men, he said, are four times more likely than straight men to attempt suicide.

Depressed people, Rekers said, ''are less consistent in their parenting, less positive [and] have higher rates of neglecting child needs.'' Gay people, he added, ``would have less capability of providing the kind of nurturing and secure emotional environment for children.''

The lives of gay people can also be stressful to children, Rekers testified. The children may experience teasing and bullying from other children who don't approve of their parents' orientation. And children with gay parents are likely to suffer from repeated separations because gay people are more likely to have multiple failed relationships.

Rekers said he would, in fact, favor banning anyone from adopting who had more than 18 ''sex partners'' during a lifetime. ''I think that would be a very good social policy,'' he said in a deposition.

He said he would also consider banning Native Americans from adopting because research shows that they are also at much higher risk of mental illness and substance abuse. ''They would tend to hang around each other,'' Rekers testified. ``So the children would be around a lot of other Native Americans who are . . . doing the same sorts of things.''

THE OTHER SIDE

Scholars hired by Gill's team of lawyers harshly criticized Schumm and Rekers, suggesting that the two men did not reflect the mainstream of scholarly research.

''I don't want to in any way disrespect, but this is very far removed from anything that resembles the knowledge base that we have about how each of us develops our particular sexual makeup,'' Fred S. Berlin, an associate professor at the Johns Hopkins School of Medicine, testified about Rekers' work.

Under cross-examination, Rekers, who also has a theology degree, acknowledged that he taught and practiced psychology from a Christian perspective, and had written books condemning social science that doesn't recognize ``the moral laws of God.''

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