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Arkansas Gay Adoption Ban Moves Forward
by 365Gay.com Newscenter Staff

Posted: October 5, 2007 - 11:00 am ET

(Little Rock, Arkansas) A conservative Christian group has been given the green light to start collecting signatures for a voter initiative to bar gays and lesbians from adopting children or serving as foster parents in Arkansas.

The measure also would prevent unmarried opposite-sex couples living together from a adopting or fostering.

Arkansas Attorney General Dustin McDaniel approved the title of the initiative Thursday, after rejecting an earlier version.

The measure would prevent a child from being adopted or placed in a foster home "if the individual seeking to adopt or to serve as a foster parent is cohabiting with a sexual partner outside of a marriage which is valid under the constitution and laws of this state."

The group behind it, the Arkansas Family Council, was largely responsible for the passage of an amendment to the Arkansas Constitution banning gay marriage.

The AFC must collect about 62,000 signatures and submit them by next July 7.

If the names are validated the measure would appear on the 2008 ballot.

AFC president Jerry Cox said the organization will now begin preparing the petitions and start circulating in January.

The adoption referendum is similar to a bill that died in the Legislature earlier this year.

That legislation failed, after Gov. Mike Beebe had suggested that there were constitutional problems with the bill, although he would no say if he intended to veto it if it were passed.

The bill was introduced following a state Supreme Court ruling last year.

Arkansas’s Child Welfare Agency Review Board had established a policy in 1999 that banned gay people from serving as foster parents, and the Arkansas Supreme Court struck it down after a seven-year legal battle between the state and the ACLU.  

Several state and national child welfare groups filed friend-of-the-court briefs urging the court to strike down the exclusion because it worked against the best interests of foster children.

In its unanimous ruling, the court said testimony in the state's appeal demonstrated that "the driving force behind adoption of the regulations was not to promote the health, safety and welfare of foster children but rather based upon the board's views of morality and its bias against homosexuals."

©365Gay.com 2007

 


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