(Little Rock, Arkansas) A judge has ruled that that a lawsuit challenging an Arkansas law banning unmarried couples from becoming foster or adoptive parents can proceed -  and that the conservative group behind the measure can present arguments in the case.

The council was behind the successful ballot measure past last November that bans unmarried couples from adopting or fostering. The American Civil Liberties Union of Arkansas filed suit, challenging the constitutionality of the law on behalf of a dozen families, some straight, some gay.

In its application to enter the case, the council said it did not believe the Attorney General’s office would vigorously defend the law, but that the council itself had a special interest in defending the measure.

Piazza agreed to allow the group to join the suit, but said his ruling should not be viewed as a reflection of how he felt about the ability of the Attorney General’s department to handle the case.

In papers filed with the court, the ACLU said  that the law violates the federal and state constitutional rights to equal protection and due process.

Although the law bans both unmarried opposite-sex couples and same-sex couples from adopting or fostering, the ACLU argues that the law is particularly harsh for same-sex couples.

“With respect to gay and lesbian cohabiting couples, there is no rational relationship between Act 1 and promoting marriage because same-sex couples are legally precluded from marrying under Arkansas law,” the brief said. “Thus, there is no incentive to marry that could possibly result in gay couples marrying in the state.”