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Arkansas’ Voter-Approved Gay Adoption Ban Is Unconstitutional: State Supreme Court

In November 2008, Arkansas voters approved in a 57-43 percent vote to adopt the Arkansas’ Act 1 (or the “Unmarried Couple Adoption Ban”), which bars unwed partners from adopting. The law, by default, barred gays from adopting because they cannot marry in the state; it also kept cohabitating opposite-sex couples from adopting. Today, the Arkansas Supreme Court struck down the ban as unconstitutional in a lawsuit brought by 29 adult and child plaintiffs. “Act 1,” which was never enforced, “directly and substantially burdens the privacy rights of ‘opposite-sex and same-sex individuals’ who engage in private, consensual sexual conduct in the bedroom by foreclosing their eligibility to foster or adopt children,” wrote Associate Justice Robert L. Brown in the court’s opinion. So that’s a loss for Jerry Cox, president of the Arkansas Family Council (pictured), who really is disgusted by the idea of homosexuals keeping kids in their homes.

By:           Max Simon
On:           Apr 7, 2011
Tagged: , , , , , , ,

  • 6 Comments
    • Spike
      Spike

      The Arkansas voters would vote to bring back slavery if they could, for reasons including removing the black man from the White House. . .

      Apr 7, 2011 at 12:50 pm · @ReplyReply to this comment ·
    • Joetx
      Joetx

      Wow, a supreme court of a Southern state doing the just thing?!

      Meanwhile, here in TX, our Supreme Court is full of right wing ideologues whose primary interest is helping big business screw over the regular folk, the majority of whom, sadly, are too dumb & ignorant to realize what’s happening to them.

      Apr 7, 2011 at 3:13 pm · @ReplyReply to this comment ·
    • Jeffree
      Jeffree

      ArkansasFamilyCouncil’s next step will be to try to get an amendment to the state constitution banning unmarried couples from fostering or adopting.

      The Arkansas foster-care system is one of the worst run programs in the US, even without the law.

      There are more children needing foster-care or adoption than there are singles/couples willing and able to foster/adopt. Limiting the pool of potential adoptive parents is illogical, immoral and in(s)ane. Who suffers the most? The kids.

      Apr 7, 2011 at 5:17 pm · @ReplyReply to this comment ·
    • kayla
      kayla

      There are so many children who need a home…I just don’t get why people would deny these kids parents…I would love to see a study showing what happens to kids who age out of the system at 18…How many of them go on to be productive citizens vs. those who end up in prison, on welfare etc….Who pays for their college education…?

      Apr 7, 2011 at 5:22 pm · @ReplyReply to this comment ·
    • Jonathan
      Jonathan

      WHAT?! Oh, kick ASS! I never thought I’d say this, but “Go, Arkansas!”

      Apr 7, 2011 at 8:02 pm · @ReplyReply to this comment ·
    • tjr101
      tjr101

      Arrrggg, pesky activist judges!

      Apr 8, 2011 at 10:34 am · @ReplyReply to this comment ·

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