Arkansas judge rules “unconstitutional” a state-wide ban on gay, unmarried couples from adopting, fostering
”[The] Act significantly burdens non-marital relationships and acts of sexual intimacy between adults because it forces them to choose between becoming a parent and having any meaningful type of relationship outside of marriage. This infringes upon the fundamental right to privacy guaranteed to all citizens of Arkansas…. Heterosexual cohabitating couples can marry and, therefore adopt or serve as a foster parent. Homosexual couples cannot. Although the Initiated Act is supported by rational grounds which are sufficient to resolve the federal claims in this matter, it is especially troubling that one politically unpopular group has been specifically targeted for exclusion by the Act…. I find that Initiated Act 1 is unconstitutional.”
Part of a ruling by Circuit Judge Christopher Piazza who is striking down Arkansas‘ discriminatory, anti-gay law that banned gay and other couples living together from adopting or fostering children. The law was approved by voters in 2008 as part of a ballot initiative. Oddly enough, the law did not ban singles from adopting or fostering children under 18. An earlier law targeted only at gay and lesbian couples was struck down by the Arkansas Supreme Court, but this modified version was extended to apply to non-married heterosexuals, as well. Social conservatives, of course, are complaining that this is an example of judicial activism, rather than fairness and equality. (ArkansasOnline.com)
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