- Couples in Arkansas can now adopt children.
ARKANSAS – The Arkansas Supreme Court has upheld a lower court ruling that a law prohibiting adoption by unmarried couples that live together violates the Arkansas Constitution.
On Nov. 4, 2008, Arkansas voters approved a statutory ban on adoption and foster parenting by unmarried individuals cohabiting with a sexual partner. The ruling affirms an April ruling by a Pulaski County circuit judge that Initiated Act I of 2008 intrudes on privacy rights guaranteed by the Arkansas Constitution.
Applauding the court’s decision, HRC President Joe Solmonese said, “The Arkansas Supreme Court has removed a discriminatory barrier for loving gay and lesbian couples who, child welfare experts agree, are equally able parents. Too many children are in need of a loving home and the court has rightfully put their interests ahead of discrimination.”
This decision clears the way for gay and lesbian couples to adopt children again in Arkansas. A decision the Arkansas Family Council, a conservative group, calls the worst in the history of the Supreme Court.
Plaintiffs in the case and the members of the American Civil Liberties Union celebrated on the steps of the capitol the overturning of Act 1. With Act 1 gone, unmarried couples in Arkansas can once again adopt children in need of a home.
