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Daily KosTHU APR 07, 2011 AT 11:52 AM EDT
Breaking: LGBT Victory in Arkansas
byoutspoken82
Since this is breaking news, I'll keep this short and sweet. The Arkansas Supreme Court has just announced its ruling on Arkansas' Act 1, which prevented all unmarried, cohabitating couples (both same-sex and straight) from adopting or fostering children. They have upheld a lower court's ruling reversing the adoption ban, saying the ban violated privacy rights. You can read the full opinion here.
http://www.arktimes.com/images/blogimages/2011/04/07/1302185580-act1.pdf According to the ruling, the system already in place (DHS) to screen applicants is more than adequate and is in fact the least restrictive system. A "blanket ban" like the one Act 1 imposed was the most restrictive and ultimately not in the best interest of the children in question.
A key quote from the opinion:
"By imposing a categorical ban on all persons who cohabit with a sexual partner, Act 1 removes the ability of the State and our courts to conduct these individualized assessments on these individuals, many of whom could qualify and be entirely suitable foster or adoptive parents."As a happily "partnered" lesbian living in Arkansas, I can't express how much this ruling means to me and to my better half. We've considered trying to get pregnant, and until this ruling hit the press this morning, the legal minefield was simply too much for us. My partner would have had no legal grounds to adopt our potential children. Now? A whole world is opening up in front of us! It's a good day in the Natural State.
Read more:
http://www.dailykos.com/story/2011/04/07/964380/-Breaking:LGBT-Victory-in-Arkansas
more:
http://www.hrcbackstory.org/2011/04/arkansas-supreme-court-confirms-that-anti-gay-adoption-ban-is-unconstitutional/