ACLU Challenges Gay Adoption Ban in Arkansas
We're on an unintended adoption kick here at gayrights.change.org today. In addition to this morning's post about how Louisiana Governor Bobby Jindal might be working behind the scenes to push for a gay adoption ban in his home state, the ACLU is out this week with a challenge to Arkansas's ban on gay adoption, which passed in November 2008 after a statewide ballot.
The ban, known as Act 1, limits all adoption by unmarried persons. LGBT parents were clearly harmed by the passage of Act 1 (since Arkansas does not allow LGBT people to marry), but so too were straight unmarried couples. Now children's rights advocates are turning to the courts to overturn this ban, which they say (accurately) does a disservice to children needing healthy families.
"Act 1 violates the state's legal duty to place the best interest of children above all else," said Marie-Bernarde Miller, a Little Rock attorney in the lawsuit.
There are 29 plaintiffs in the case, including a grandmother raising a grandchild with her same-sex partner, and a lesbian couple raising two boys, one of whom is a special-needs child. There's at least one reason to be hopeful that this lawsuit might result in the ban being overturned - the lawsuit has been assigned to Pulaski County Circuit Judge Timothy Fox, who had initially overturned a statewide gay foster parent ban that anti-gay (and anti-children!) activists sought in Arkansas in 2006.







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