(Little Rock, Arkansas) An Arkansas policy that bars gay and unmarried straight couples who live together from being foster parents is being challenged by a coalition of child advocates.

The policy was never promulgated, meaning the people of Arkansas were never told about it or allowed to comment before it was enacted. The groups requested Thursday’s hearing at the state Department of Human Services.

“We’re opposed to any measure such as this that artificially restricts the pool of good foster parents who are out there,” said Rich Huddleston, executive director of Arkansas Advocates. “We think it should be up to DHS to decide on a case-by-case basis an appropriate foster care placement for the child.”

The hearing over the rule comes as the Arkansas Family Council is campaigning for a measure on the Nov. 4 ballot that would ban unmarried couples living together from fostering or adopting children. It would also remove the state’s ability to issue waivers on a case-by-case basis.

The ballot measure would take the place of the state policy.

Jerry Cox, president of the Family Council, accused the child advocacy groups of trying to “derail” the process to formalize the policy.

“This is an unnecessary distraction because Department of Human Services is trying to protect children, these groups have stepped in, they have an agenda and now they’re complicating the process,” Cox said.

The existing state policy on foster-child placement has been one of the selling points of the Family Council, which says its proposed initiative merely puts into law what is already the practice. The state does not currently ban unmarried couples living together from adopting children.

Gov. Mike Beebe has said he opposes the Family Council’s measure because he believes the adoption restrictions go too far. Beebe spokesman Matt DeCample said the governor encouraged DHS to hold a public hearing on the rule after Arkansas Advocates requested it.

“There’s people with strong feelings on both sides of the issue and they need to have the opportunity to have their input heard,” DeCample said.