ACLU may take aim at adoption ban on straight and gay couples
James Baker
Issue date: 12/3/08 Section: News
Unmarried, cohabiting heterosexual and homosexual couples in Arkansas can no longer adopt or foster any of the 3,700 foster children within the state adoption system, which has only 1,100 foster homes available, and the American Civil Liberties Union may be eyeing a showdown in Arkansas courts.
The new law may be in the crosshairs of the ACLU after a Florida law that banned gays and lesbians from adopting was struck down Nov. 26.
"We're considering our options to see if we can now bring a legal challenge," said Paul Cates of the ACLU Lesbian Gay Bisexual Transgender Project.
"It's a horrible law," Cates said. "Not only does it hurt the couples barred from fostering and adopting, but the children in the state's care are denied the opportunity for a loving family. Just because people voted a certain way doesn't make it right."
The initiative could be struck down as unconstitutional and referred to the previous court rulings, he said.
What started the initiative was a seven-year legal battle between the state and the ACLU over agency bans on same-sex adoption.
In 2004, an Arkansas Child Welfare Agency Review Board policy that banned gays from serving as foster parents was ruled unconstitutional because the board had tried to regulate "public morality."
In 2006, the state Supreme Court upheld the ruling, subsequently upholding the language of the Arkansas Constitution.
The result was a 2007 push by the Arkansas Family Council, a conservative group, to ban same-sex adoption, but it never made it in the legislature because Arkansas Gov. Mike Beebe said there were constitutional problems with the bill.
Initiated Act 1, which prohibits cohabiting couples from fostering or adopting children, was passed by voters Nov. 4 but was opposed by members of the Arkansas Families First coalition, Gov. Mike Beebe, Lt. Gov. Bill Halter, several state officials and the ACLU. The measure was spearheaded by the Arkansas Family Council Action Committee.
The new law may be in the crosshairs of the ACLU after a Florida law that banned gays and lesbians from adopting was struck down Nov. 26.
"We're considering our options to see if we can now bring a legal challenge," said Paul Cates of the ACLU Lesbian Gay Bisexual Transgender Project.
"It's a horrible law," Cates said. "Not only does it hurt the couples barred from fostering and adopting, but the children in the state's care are denied the opportunity for a loving family. Just because people voted a certain way doesn't make it right."
The initiative could be struck down as unconstitutional and referred to the previous court rulings, he said.
What started the initiative was a seven-year legal battle between the state and the ACLU over agency bans on same-sex adoption.
In 2004, an Arkansas Child Welfare Agency Review Board policy that banned gays from serving as foster parents was ruled unconstitutional because the board had tried to regulate "public morality."
In 2006, the state Supreme Court upheld the ruling, subsequently upholding the language of the Arkansas Constitution.
The result was a 2007 push by the Arkansas Family Council, a conservative group, to ban same-sex adoption, but it never made it in the legislature because Arkansas Gov. Mike Beebe said there were constitutional problems with the bill.
Initiated Act 1, which prohibits cohabiting couples from fostering or adopting children, was passed by voters Nov. 4 but was opposed by members of the Arkansas Families First coalition, Gov. Mike Beebe, Lt. Gov. Bill Halter, several state officials and the ACLU. The measure was spearheaded by the Arkansas Family Council Action Committee.
Viewing Comments 1 - 1 of 1
fairchance1962
posted 12/16/08 @ 2:10 AM CST
I have an idea. How about the promoters of Initiative 1 donate some time for real children's causes?
Arkansas, like most places, has an extreme shortage of quality, loving caring homes for needy, abandoned children. (Continued…)
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