Gov. Charlie Crist backtracked on gay adoption last week, suggesting he may drop a state lawsuit his administration has fought for years. At the time, a spokesperson from the attorney general’s office told Battle ‘10 that, “Charlie Crist has not reached out to us, so I guess we’re learning about it the same way you guys are.”

His Senate race opponents used the opportunity to point out another flip-flop, with Marco Rubio posting a video from 2006 in which Crist states, “I don’t think gay adoption is appropriate,” and Kendrick Meek digging up an old Crist mailer.

Now the stakes are being raised.

“A Miami appeals court ruled Wednesday that Florida’s ban on gays adopting is unconstitutional and affirmed the controversial adoption of two foster children by a gay North Miami couple,” the Miami Herald reports. “The unanimous 3-0 decision deals a critical blow to Florida’s 33-year-old law banning adoption by gay men and lesbians, and most likely sends the case to Florida’s highest court for resolution.”

Calls from Battle ‘10 to Crist’s office and that of the attorney general as to whether the case will be appealed were not immediately returned.