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Loading ...Challenge to Arkansas gay adoption ban continues
03.02.2009 11:17am EST
(Little Rock, Arkansas) Attorneys for a dozen families who are challenging an Arkansas law banning unmarried couples from becoming foster or adoptive parents have asked a judge to deny a state motion to have the lawsuit dismissed.
Voters approved the ban last November. The families involved in the legal challenge are represented by the American Civil Liberties Union of Arkansas. The case is before Pulaski County Circuit Court Judge Chris Piazza, but Arkansas Attorney General Dustin McDaniel in January asked Piazza to dismiss the suit.In his motion, McDaniel argued that the state has an interest in preserving marriage.
In its reply, the ACLU disputes the claim. It argues that the law violates the federal and state constitutional rights to equal protection and due process.
“This law hurts families and children in many ways – it takes away parents’ right to decide for themselves who will adopt their children if they die, it denies the many children in Arkansas state care a chance at the largest possible pool of potential foster and adoptive homes, and denies couples who are living together but unmarried the chance to provide loving homes to children who desperately need them,” said Rita Sklar, Executive Director of the ACLU of Arkansas.
The law’s ban affects both same-sex couples already prevented from marrying in Arkansas and opposite-sex couples who live together but are not married.
In its submission to the court, 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.”
Among the couples involved in the lawsuit are Stephanie Huffman, who already adopted one child from the state in 2004 and her partner of 10 years, Wendy Rickman.
They want to adopt another child or a pair of siblings through the Department of Children and Family Services, but now can’t because of Act 1.
“The state already knows we’re good enough parents that they placed one child with us before Act 1 passed,” said Huffman. “Who knows how many children are now cut off by this law from loving homes?”
Judge Piazza has not indicated when he might rule on the state’s application to have the lawsuit thrown out.
Things like Act One, are so hateful. Created by people who want to live in a fanasty world that, first most people are responsible about procreation, second that there are enough of these perfect “church going” Man & Woman stable couples that want to adopt what in trurth are other people mistakes.
Turns out that many gays are willing to adopt special needs kids. But because of this stupid “values voters” idealogy, many of these poor kids that did not ask to be born to STRAIT people that cannot control their urges or maintain a stable life, will stay in foster and group homes. Many kids will be denied loving homes. Which rational science has shown to be best for all children.
And yes best of all this will increase the number of prison cells this state will need to have. Act One is cruel and makes no sense in the real world.
Tom in Long Beach.
Yes TJNV, but you are missing the point. Laws like this have NOTHING to do with kids.
These initiatives are dreamed up by people who are obsessed with finding more and more ways to put a governmental, institutional stamp on gays as “unfit,unworthy, not as good as and just plain bad”.
They’ve pretty much run out of states to do the marriage thing in, this is going to be they’re next “we must protect this from the dirty gays” issue.
Get ready, they’ll be bringing these throughout the country.
After that. Who knows what? They’ll think of endless crazy things to take away and tarnish us with. I guarantee they will eventually make their way to trying to pass bans on Lesbians getting IVF and gay men donating their gay dna filled seed.
Mark my words. Pray for key openings in the federal courts while Obama is in power.
every one has his or her own way of getting happiness and joy with in him self, why do they deny them their happiness?
Arkansas is not alone. Florida has had this kind of law on the books for years and the courts have so far not acted to find it unconstitutional.
Amazing. Especially amazing that Arkansas, a poor state, would deny family life to children in state care. No state agency can do for a child what a loving parent can. Children see when an adult supports them, when an adult presents the child’s interest as more important than their own. All these kids want is somebody who cares about them, a place and people to call home. And I would guess that nothing will change the mind of the current Arkansas attorney general. This is worse than any of the scheming seen in divorce court. Truly evil.