Lawmaker to file bill reinstating gay foster parent ban

Last updated Friday, March 2, 2007 8:07 PM CST in News

By Andrew DeMillo
The Associated Press

    LITTLE ROCK -- A proposal to reinstate a ban on gay foster parents overturned by Arkansas' Supreme Court will be introduced Monday in the Legislature, a state senator said.

    Sen. Shawn Womack said he plans to file a bill banning gays and lesbians from becoming foster parents, a prohibition that justices struck down last year.

    "As a Legislature, we need to take a serious look at trying to uphold that policy in a way that's constitutional and in the best interest of the child," said Womack, R-Mountain Home.

    "Clearly, the public policy of this state has been that we prefer to have kids placed in traditional families," he said.

    In June, justices upheld a lower court decision that threw out a ban on homosexuals serving as foster parents. Four people sued after the policy was put in effect in 1999 and the state Child Welfare Board dropped the policy after losing a court fight in 2004.

    The board instituted the ban in March 1999, saying children should be in traditional two-parent homes because they are more likely to thrive in that environment.

    In the unanimous ruling, the court said testimony in the state's appeal demonstrated that "the driving force behind adoption of the regulations was not to promote the health, safety and welfare of foster children but rather based upon the board's views of morality and its bias against homosexuals."

    Womack would not say whether his bill would specifically bar homosexuals from becoming foster parents or if it would, instead, ban unmarried cohabiting couples.

    Womack said he's been working with the Family Council, a Christian advocacy group that supports the ban, on the legislation.

    Martha Adcock, lawyer for the Family Council, said the legislation would focus on both foster parents and adoption in the prohibition but would not provide more details.

    Rita Sklar, executive director of the Arkansas chapter of the ACLU, said reinstating the ban would make the state vulnerable to another lawsuit. The ACLU represented the four plaintiffs in the lawsuit that overturned the ban.

    "The Arkansas Supreme Court unanimously decided that banning gay men and lesbians from being foster parents does not promote the health, safety or welfare of children," Sklar said. "In fact, it can hurt them because it denies these children a perfectly good chance at a good home, which is what they need."

    A spokesman for Gov. Mike Beebe said the governor would not comment on the legislation until it's been filed and he's had a chance to review it. Beebe last year said he supports reinstating the ban, but has not said how he believes it should be done.

    Reader Comments (34 comment(s))


    The following comments are provided by readers and are the sole responsibility of their authors. The Morning News does not review comments before their publication, nor do we guarantee their accuracy. By publishing a comment here you agree to abide by our comment policy. If you see a comment that violates our policy, please notify the web editor.

    Springdale Citizen wrote on Mar 2, 2007 8:51 PM:

    " There are tons of children in Arkansas that need parents. It is very clear to me that the straight couples are not always willing to step up to the plate to have foster parents. It the gay person or gay couple wants to have a foster child, then so be it. If they are desent people, who cares. "

    Orville wrote on Mar 2, 2007 11:42 PM:

    " How many children has Senator Womack adopted, and will he now adopt more if he can ban gay couples from doing so? Maybe his solution is to raise taxes to build instittions to warehouse unwanted children? How about sticking them in the unused Veterans' Home in Fayetteville? "

    aRodeoJock wrote on Mar 3, 2007 5:53 AM:

    " How many kids with special needs are going to be stuck in State homes if this ban is put into effect? If you look at the statistics thoughout the nation a large number children that have ADHD, are handicapped, diagnosed HIV-positive, etc., are placed in homes of gays and lesbians. These kids that "traditional" families won't even consider. I echo the senitments of Orville... How many children has Womack fostered/adopted... and what had the so-called "Family" Council done to help the children of Arkansas other than to deny them loving homes? "

    Emma Sloan wrote on Mar 3, 2007 9:06 AM:

    " I wonder if a study had been done that shows how many foster children were sexually molested in traditional foster homes versus those GLBT foster homes. Womack won't provide that information because everyone would be shocked at how common child rape is in traditional foster homes. "

    Alvin wrote on Mar 3, 2007 10:37 AM:

    " I think it is a shame that the republicans are at it again! I think that Womack or any other idiot in LR that votes for such a bill should turn over ALL their wages from the state and any other money they get for their "work" and then the state could build homes for ALL these unwanted children in this state to live in! But, they would not do this. I think there is more important things they need to be addressing than this issue. Just like they say Gays Marriages are a threat to the traditional marriage. Divorce lawyers are a threat to marriage. so should they get rid of them? Maybe it is time for some of these representatives to grow up. Put your money where your mouth is! Turn you wages overs for a home for unwanted kids and then each should go work there for free! Such a waste of our tax payers dollars. Clean YOUR act up! "

    Shane WIlson LPC wrote on Mar 3, 2007 10:56 AM:

    " I am a licensed professional counselor.I am currently practicing in Kentucky, but have practiced in the past few years in Texas, Tennessee, and Mississippi. I specialize in Sexual Offenders and Abuse victims, Domestic Violence, and GLBT issues on a daily basis and have worked with hundreds of families from all ethic, and sexual orientations. It has been my experience that the heterosexual families are the ones with the highest,I do mean high, degree of sexual molestation, abuse, boundary violations, and domestic violence. I have yet to be presented with a GLBT family or unit wherein sexual abuse, domestic violence, or molestation has occurred. It breaks my heart to work with a child wherein they are in residential programs because mom, dad, or both favored their addicitons (ie. drugs, alcohol, gambling, sex etc.) over providing quality home life for their children. Physical abuse is almost always present.These children are left, emotionally abandoned,in residential or group facilities costing tax payers millions of dollars. As they grow up, the hatred toward others, the emotional abandonment, etc. is ingrained in their personalities and creates a new breed of person with a multitude of problems that adds to an already deterrioating society. And here these persons sit in plush offices trying to take away opportunities for children simply because a person is gay. Now those that vote need to really look at this situation and decide whats "best for the kids" vs. politics. "

    not really foster parents wrote on Mar 3, 2007 11:30 AM:

    " but more like Legal Guardians. You have to be a male and a female to be a parent last I checked...remember "Mommy and Daddy had a little baby" type of thing. Now if we called them Legal Guardians things might be a little better to explain to the public that these non-traditional couples will do their best to raise these children in a normal societal manner, but in order to really do that they would have to not promote homosexuality as a ok norm. So it goes back to, is promoting homosexuality something we really want to do within our society. The debate will continue. "

    To Emma wrote on Mar 3, 2007 11:33 AM:

    " How many children that are under the care of gay/lesbian families are mentally abused by the pure notion that Homosexuality is ok and should be embraced as a lifestyle? That would be an interesting study as well. I am not a G&L hater, I have many friends around this Earth that are G&L, so don't try and twist the conversation. "

    Troy wrote on Mar 3, 2007 12:03 PM:

    " Hey "To Emma." I hope you'll understand when I doubt that you have gay and lesbian friends since you believe the "pure notion" of them is a form of mental abuse. If you do, why don't you share with them how mentally abusive you think they are? Nothing says friendship like pure honesty. "

    I do wrote on Mar 3, 2007 12:49 PM:

    " But I do not alienate them nor unfairly judge them by their gender choice I judge them by the content of their character. They understand and respect my views and many actually do agree that homosexuality should not be preached as a normal "ok" way of life. They understand that homosexuality shouldn't be a fad or used as a hedonistic ritual, but for state of what they are inside. So yeah, nothing beats being purely honest, I hope you can do the same. "

    To Troy wrote on Mar 3, 2007 1:02 PM:

    " Those who are homosexual in true nature would understand and respect the growth process of a young child to be what is "not just deemed normal" but is normal to the best of their capabilities. To push ones personal behavioral beliefs on children is bad enough when the Religious component is added in, which in many ways can be an abusive environment in itself, but to add the component that being growing up in a homosexual household where not only automatically the male(father)/female(mother) concept is nonexistant, but you now add in the potential numbing mindset that the behavioral actions of homosexuality is not only ok but encouraged, not based off of ones own individual chemical dna, but off of the peer and other societal pressures that the living environment creates. My gay friends do understand when I say that I don't want my daughter to be 13 and to have to stress that she hasn't kissed a girl yet or my son to not have kissed a boy yet...is he ok? Bad enough that television is promoting the hedonistic pleasures of sexuality and disrespecting the trueness of the what I call real homosexuals. I hope that helps a little, I know that this is and will always be a touchy and contraversal issue. I took a beating when I lived in Seattle at first, but through honest debate we were all better friends for it. "

    Think of the children! wrote on Mar 3, 2007 3:08 PM:

    " If anyone knew what the kids in foster care have been through, they'd know that being "impressionable" to the fact that a gay or lesbian individual or couple cared about them is the LEAST of their problems. I'm sure most of these kids have seen Will & Grace or other "gay" TV shows already while their biological parents were at work or whatever. And I'm sure they've also seen *other* non-gay TV shows and REAL-LIFE abusive behavior that will make them think: "am I normal because I don't beat my girlfriend and get drunk every night or I haven't had a baby yet?" It's amazing that Senator Womack can't find other real problems facing Arkansas. He obviously doesn't have solutions to any others and so bashing the gays is the easiest route. Just remember, after people like him make all the gays go away for a "solution"....YOU will be next. "

    Alvin wrote on Mar 3, 2007 5:12 PM:

    " The republicans would sure like to get rid of us. "Us" anyone that is different from them. And, yes I do wander who they will go after next. Right now that party wants to destroy us. Shame on them, one would think that they could find more meaningful things to work on, but again, they are republicans. It is a time for a change from this type of mentaility. Bigotry is alive and well in the republican party. They don't seem to get it that there are others living in this country that are not like them. Thank God this country is not all republican! Growing up, there were some couples that took in children in and some of them came from horrific conditions, from their own families, their relatives. so where does the problems come from...........their families, if there were not problems there, the families would still be together. "

    Larry wrote on Mar 3, 2007 8:38 PM:

    " Hate is too much work, and Pharisees are not worth the trouble. Their judgement was foretold and will be completed by the Lord. My job in this world is to work to undo the damage that the anti-Christ has done to Christianity. I will oppose the anti-Christ and its Christianist power-seeking movement whenever I can. "

    ok thats fair wrote on Mar 4, 2007 1:03 PM:

    " I have no complaints on that one. I actually support you on that notion and wish you the best of luck. Hell, even Christ would say that Christianity has been hijacked. But that is a different discussion for a different thread. This topic here is an important unfortunately you don't believe when a person who is against the concept of gay "parents" could actually have gay friends. Your disrespectful nose gets so far in the air that you resemble the person that you are supposedly fighting against. "

    Whatever wrote on Mar 4, 2007 5:30 PM:

    " To "Not Really a Foster Parent": Actually, being a sperm or egg donor does not make one a parent. If that were the case, these children wouldn't need a place to live. Let me get this straight, no pun intended. You'd be willing to let gay people serve as foster parents, as long as you can call them something else so that no one is offended. Oh, and they mustn't presume to act like their lifestyle is "normal". This kind of goes along with the thought that IF our relationships are granted any legal status by heterosexuals, it's so much more palatable to you to give them some name other than marriage. We can give our lives in military service as long as we don't tell anyone that we're gay. Do you really expect us to be grateful that you'll throw us a bone as long as we mind our manners??? You bet I'm angry. "

    yeah, whatever wrote on Mar 4, 2007 10:04 PM:

    " Single mothers aren't "parents" but they are one part of the "parents". Foster "parents" are a male and a female. "Parents" are a mother and a father, but if those are not available for "whatever" reasons, then the next best substitute would be another form of "parents". The design to have children grow up with a father figure and a mother figure is Utopian, I understand, but we can at least thrive to achieve as best as we can. Gay and Lesbian couples may not be the "parents" that one would hope for the children but they can make good Guardians. "

    Whatever wrote on Mar 5, 2007 8:33 AM:

    " You are living in a dream world. Kids who are raised in a home with a mother and father, who are both their biological parents, are in the minority. Maybe that's not your "ideal", but it's a fact. For all the others, do you really want to sacrifice their wellbeing for your unrealistic vision of Utopia? By the way, my partner and I are not "guardians" to our children, we are very much their parents. "

    Donna wrote on Mar 5, 2007 1:09 PM:

    " I want to know why we have state homes if all the right wing is willing to be foster parents to all the kids in need, Why do we have churches like the church Dr Ronnie built in Rogers you could feed and care for 100s of kids on what it cost for the grand crosses by the churches lake much what it costs to heat and cool that huge testament to EGO, It sure is not a testament to love, kids or human caring. The idea that what kind of plumbing you have and what kind of plumbing you are attracted to have any thing to do with how well you can care for a kid or how much love you have give one is stupid. So damn the kids just keep those gay folks from having human rights thats all I hear. I was adopted by a heterosexual couple and I was beaten, sexually abused and farmed out to an older church lady as a sex toy. all before the age of 12 so I do not have much faith in the moral majority that want to pass this law to ban gays from parenting. "

    omg lol wrote on Mar 5, 2007 2:15 PM:

    " Donna, and you want to further the abuses then right? So not only do you make it that all heterosexual couples will do abuse, you then imply that this will not happen at all in gay couples. Sorry to hear of your abuses, it is sad and it those that did those crimes to you need to be put in jail for eternity. So get off your emotional browbeating and read the intent of the words that were written. "

    yeah, whatever wrote on Mar 5, 2007 2:23 PM:

    " so which one of you is the mother and which one of you is the father. Which one of you will explain how the birds adn the bees are supposed to work. Which one of you will understand that "time" of the month and why she is having that "monthly bill", etc. I can go on and on about that but since you already made up your minds that our society is in ruin, I might as well just let all the wrongs become norms and thus it will be norms and then thus norms will be considered rights because we give up on trying to make rights norms, so we then live life as a bunch of wrongs. Nice! I never said that you couldn't be good for kids, but rather that the promotion of homosexuality is not the prefered message that we would be giving if homosexuals were to become officially sanctioned "Parents". I never brought up religion or any Democrat/Republican concept. But your intolerant views are yours. So lets continue to keep the world going to its lowest common denominators instead of fixing holes in a boat, let us just sink the dang thing. "

    To Donna: wrote on Mar 5, 2007 3:06 PM:

    " Before you're so quick to condemn Christians in our area for a lack of caring about foster children, take a look at www.abchomes.org. Arkansas Baptist Childrens' Homes cares for kids in need and works to place them with loving, caring parents. To lump all heterosexual couples or all "church people" together with the person who hurt you is nothing more than the same kind of prejudice you're speaking against. "

    Whatever wrote on Mar 5, 2007 4:37 PM:

    " Actually, my partner is the biological mother, which should make you feel reassured that she is qualified to discuss the birds and the bees as well as that "time" of the month. As for me, I said that I was a parent, not a father. The kids have a father, who loves them I'm sure, even though he has no money left after buying alcohol and cigarettes to see that his kids have food to eat, clothes to wear, or a roof over their head. These are all things that I envision being provided by a parent, and again, I don't believe that you are automatically a parent just because you have the biological "talent" to produce a sperm or egg. Parenting is more often an action rather than a state of being. Finally, if you had read more carefully, you would have seen that I made no reference to religion or political party - you were the one that went down that road. "

    Donna wrote on Mar 5, 2007 7:49 PM:

    " Good I got your attention now, I want to point out that there are Bad heterosexuals just as there are bad Homosexuals. By the way I was adopted from the Mississippi Baptist Children's' Home at Vicksburg Mississippi. Now why should we write off 5,890 couples who can not have children the natural way. Thats right that is the number of same sex couples in Arkansas from the American Community Survey Oct.2006 as reported by The Williams Institute on Sexual Orientation Law and Public Policy, UCLA School of Law. We have over 64,000 gay,lesbian,bisexual adults in this state. As I see it they are as much of a Arkansas citizen as anyone. I spent 20 years of my life in the US Navy defending the freedom of this country including Homosexuals and Right Wing Bigots, The last time I looked this was still a free state not an Cristian state so I feel that to put Homosexuals in a second class citizen status by saying no you can not parent a child if they want to is wrong! I would feel the same way if they said that Baptists could not parent a child. What matters is that you love the child and care for it. I know that some of you may think that Homosexuality is a choice it is not. I have known kids who were Gay from before they hit puberty. I know kids who were kicked out of there homes because they were gay now who "

    Donna wrote on Mar 5, 2007 7:53 PM:

    " "the rest of my last post" now who is willing to take care of a gay kid? Gay and Lesbians are. Why is is ok for a bisexual person to adopt and not a homosexual? What about the Transgendered? What about Transsexuals? Where will you draw the line? When will your class be discriminated against? Donna "

    Steve wrote on Mar 6, 2007 1:38 PM:

    " I think it's sad that two people that love each other and want to make a loving home for an unwanted child are not only not regarded as charitable and loving people, but are looked at with hate, fear and speculation that they have some sort of hidden agenda. We are all just trying to live our lives the best way we know how. America is a diverse country. It's our diverstiy that unites us - it should not seperate us - this argument is all about why gays should not "parent" a child - why isn't it about all the kids left with no parents because no one wants them and what we can do as a society to partner with eachother... I mean... I just want to shake some of you - we are not out to hurt anyone - why and WHEN will you finally realize that! "

    Sad Day wrote on Mar 6, 2007 3:18 PM:

    " It's a sad day when people would rather see children rot in a state facility rather than placing them with loving people. When will some of you open your eyes and see that everyone is different. When I was 9 years old my father went to prison and my mother loved drugs more than she did me. I was in 3 different foster homes before I ended up with two people that truly cared for me. I finally had new clothes, lunch money and a new sense of pride about myself. My two moms did a great job and I've long since graduated from the U of A and am happily married with one child. Some of you should think about the negative remarks that you are making against gay foster parents---I would be in prison or dead if my two moms hadn't been there for me. "

    Alicia wrote on Mar 13, 2007 11:46 AM:

    " The question whould not be whether or not gay or lesbian families 'should' be allowed to adopt, but whether or not they are. There is no legal premise for 'banning' any class or race or type of person from adopting a child, as long as they are able to sufficiently care for and provide for that child. This is a case of trying to determine more than who is eligible to care for a child--an attempt to lump a group of people under a category or a mark, declaring them less than people. It should be no surprise that this has happened in Arkansas many times before to many groups of people. What goes around comes around. Some day it will be a ban against allowing white, heterosexual, conservative bigots to raise their children. 'Arkansas Legislator seeks to pass bill forcing heterosexuals to stop using money from gay and lesbian sub-citizens to raise their children because they can't handle the responsibility.' I say, let them grow up without anywhere to turn. Maybe in five years when there are thousands upon thousands of uncared for children, someone will force people start using birth control. "

    Christina wrote on Mar 13, 2007 8:00 PM:

    " I moved to Maryland from New York, and met a woman here who was legally married to her partner of five years in Massachusetts, and has her own 13 year old son (a product of rape which she refused to abort because she is a Christian woman, he is a bright young adolescent to whom she is a fantastic mother). Her partner passed away suddenly six months ago. She has endured a nightmare of paperwork, heavy financial burden, and in-your-face discrimination as a result of not being truly recognized as a married couple who together were raising a child. This woman is a hero to me. I have no children yet, my husband and I are planning for it, and I watch her with her son and I remember what my mother was like. I have and will learn more from my friend about bringing up a good kid than I ever could learn from my alcoholic, self centered mother. I don't ever want to hear anyone tell me that being a lesbian means you can't be a good parent. "

    Dennis wrote on Mar 13, 2007 9:43 PM:

    " Why is it so unrealistic to think that all homosexuals and/or same sex couples in Arkansas or any other state would not be good foster parents? Gay men and women - nurses, firemen, policemen, mechanics, teachers (and so on) all over our state and country are there daily to protect and serve us and our children. Doesn't anything less than doing whatever it takes to help these kids conflict with the very essence of our faith as we going around expressing our concern for others. "

    John wrote on Mar 13, 2007 9:52 PM:

    " Like most 'normal' thinking people, whether you're gay or not does not mean the inability to be a good parent/foster parent. Foster kids are molested in hetero homes, married couple homes, too. I think children would get more love and understanding from gays in some cases than from straight parents. It's not all about the sex! We should quit using labels and reach out with our hearts. Good homes with loving people exist in all walks of life. "

    nurse wrote on Mar 14, 2007 7:09 AM:

    " As a Christian who happens to be a gay Uncle; I also work as a nurse in a LR hospital. I don't think anyone sick or on their death bed (adult ot child) would care about my sexual orientation. Senator Womack needs to search for own his childlike faith and grow up spriritually. "

    Civiltimes wrote on Mar 15, 2007 11:36 PM:

    " This is for those who think being gay should not be compared to race issues. When I was growing up, it was pretty much unheard of for blacks and whites to associate very much. It somehow made for a “harder life” for people to mix. That was the answer. Some answer. It is sad that even today a lot of churches still look at things the same way w/ gays. We must remember that only God knows what is going on inside the human heart. For all of the gay bashing churches, I believe it is time to practice what you preach - wake up and love your neighbor! Can a person smoke a cigarette and be Christian at the same time? Can a person have an affair and be Christian at the same time? Can a person be gay and be a Christian at the same time? Yes. Is being gay a choice? Are people born gay? In full context, what does the bible really say about homosexuals? We better be sure of our answers - because a lot of people are suffering spiritual growth and children are losing out on having loving families. So, when a minister at your church does a youth bible study or a sermon is preached on damning gays, I hope they are certain of the truth. "

    KK wrote on Mar 19, 2007 1:52 PM:

    " My brother and his wife adopted two boys. My brother, I am very sad to say, is an alcoholic and a heavy smoker and only rarely put his sons before his booze. His (now ex-)wife puts more time into her own personal care than to her sons'. Note that they are now divorced. A married, heterosexual couple became a divorced family where the two children are often left behind the so-called parents' desires. Now, tell me, why were they more fit to raise children than a homosexual couple who wants nothing more than to give a safe, loving home to a child? "


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