Great news from Arkansas today. The adoption ban, which voters passed in 2008, is unconstitutional:
The Arkansas Supreme Court has upheld a decision to strike down a state law barring gay couples and other unmarried people living together from serving as adoptive or foster parents.Again, the adoption ban was passed by the voters in 2008. And, now, it's gone.
The state's high court wrote in an opinion on Thursday that the law burdens the privacy of unmarried couples who live together.
A state judge struck down the law last April because he said it forced unmarried couples to choose between their relationships and becoming adoptive parents.
From the Supreme Court ruling:
We have held in this case that a fundamental right of privacy is at issue and that the burden imposed by the State is direct and substantial. We now hold, as an additional matter, that because of the direct and substantial burden on a fundamental right, the standard to be applied is heightened scrutiny and not a rational-basis standard. Using the heightened- scrutiny standard, because Act 1 exacts a categorical ban against all cohabiting couples engaged in sexual conduct, we hold that it is not narrowly tailored or the least restrictive means available to serve the State’s compelling interest of protecting the best interest of the child.Here's the decision (H/T Sam P. for sending):
Arkansas Supreme Court Decision: Adoption Ban is unconstitutional
