The Arkansas Supreme Court has struck down a state law barring unmarried gay and straight couples from adopting or serving as foster parents.  The Court ruled that the law was unconstitutional because  it  “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’’  The law at issue was approved by voters in a 2008 statewide ballot initiative.  The law, while neutral on its face, was intended to target gay couples.  It would have effectively banned gay and lesbian couples from adopting or fostering children because they can not legally marry in Arkansas.  The ACLU brought the suit on behalf of a group of families, while the Alliance Defense Fund, an alliance of Christian lawyers, defended the law in court.

http://blogs.wsj.com/law/2011/04/07/arkansas-supreme-court-expands-gay-adoption-rights/?mod=WSJBlog

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4 Comments

  1. Stan Arnold says:

    The religious right loony cases somehow seem to have more noise and power then their numbers indicate.

    it seems to be that they have “hate leaders” all over the country who rile up the talibangelicals over anything that doesnt fit their ideas about family and life.

    Ever wonder where the nutcases of Afghanistan and the taliban / al-Qaida came from – the same peitry dish of mental disease we have in this country.

    • Noah Kaplan says:

      I’m not sure you read the post correctly. The Arkansas Supreme Court struck down the ban, implying that now gay couples will be able to adopt children.

      Maybe you were replying to the fact that the law was on the books to begin with, and claiming that was a result of right wing hatred. I think this is a case where even though the data don’t support the policy, the assumption that married couples would be better suited to raise children is not itself outrageous. The court was responding to the fact that since the data show that the assumption is false, the government no longer has a rational basis for the discrimination between married and non-married (not simply gay) couples.

      I think the really heartening thing to take away from this is that courts don’t generally get too far out in front of public opinion (if you believe Klarman), so the fact that a Southern state supreme court would decide a case like this implies that public opinion may be shifting in favor of children being raised by families, whoever those families are.

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