Group Wants State Laws Against Gay Adoption
Last updated Friday, October 24, 2008 1:50 PM CDT in News
By John Lyon
The Morning News
LITTLE ROCK -- Supporters of Initiated Act 1 hope to add Arkansas to a small group of states with laws aimed at barring gays from adopting children in state custody.
The measure, which will appear on the Nov. 4 general election ballot, would ban unmarried couples living together from adopting or serving as foster parents in the state.
Early voting in the election begins Monday.
The conservative group Family Council submitted the ballot question after studying the laws of Mississippi, Florida and Utah, according to Executive Director Jerry Cox.
Mississippi has a law banning adoption by “couples of the same gender.” Florida’s law prohibits a person from adopting “if that person is a homosexual.”
The law in Utah prohibits adoption “by a person who is cohabiting in a relationship that is not a legally valid and binding marriage under the laws of this state” and says a child cannot be placed in foster care with anyone who would not qualify as an adoptive parent.
“The best legal advice that we had was that Utah was the most constitutionally sound law that was on the books,” Cox said.
Cox said the Family Council has made no secret of its intention to “blunt a gay agenda at work in Arkansas,” but the group concluded the measure would better withstand legal challenges if it did not single out gays.
“To say that it would for certain have been struck down had we mentioned homosexuals in the proposal, that’s not certain, but it would have opened the door for litigation and the possibility of it being struck down,” Cox said.
Arkansas Families First, a coalition opposed to the measure, argues the wording is still discriminatory.
“Whether you’re willing to discriminate against an entire class of gay and lesbian Americans or unmarried Americans, you’re discriminating either way,” said Brett Kincaid, the coalition’s campaign director.
Federal courts upheld Florida’s ban on adoption by gays in separate cases in 2001 and 2004. The U.S. Supreme Court declined to hear an appeal in the 2004 case.
A circuit judge in Florida ruled in August the 1977 law was unconstitutional, saying it violated the constitutional separation of powers by preventing judges from deciding case-by-case what was in the best interest of children.
Florida did not appeal the ruling. Legal experts said in the absence of a higher-court ruling, the judge’s opinion would not set a binding precedent.
Another challenge to the Florida law is now in the courts.
In Utah, a ban on adoption by unmarried couples was first put in place as a policy approved in 1999 by a vote of the board of directors of the state’s Division of Child and Family Services. Later the same year, Utah Children, a group opposed to the ban, sued the state over the policy.
While the case was still in court, the Utah Legislature passed a law banning unmarried couples from adopting or serving as foster parents, making the lawsuit moot.
The Utah chapter of the American Civil Liberties Union says on its Web site it opposes the law and is “on the lookout” for incidents of discrimination, though it has not challenged the law in court.
The debate in Arkansas also began over a state policy. In 1999, the state Child Welfare Agency Review Board approved a policy banning the placement of foster children in any household with a gay member.
In a case brought by the Arkansas chapter of the ACLU, Pulaski County Circuit Judge Timothy Fox ruled in 2004 the policy was unconstitutional because the board had overstepped its authority by trying to regulate “public morality.”
“The testimony and evidence overwhelmingly showed that there was no rational relationship between the ... blanket exclusion (of gays) and the health, safety and welfare of the foster children,” Fox wrote in his opinion. The state Supreme Court upheld Fox’s ruling in 2006.
In 2007, the Family Council backed a bill in the Legislature that would have put into law a ban on adoption or foster parenting by gays or unmarried couples living together. The bill died in a House committee after passing the Senate.
Until this month, the state Department of Human Services was operating under a 2005 directive that banned placing foster children with unmarried couples. The state has no such policy regarding adoptions by unmarried couples.
The agency held a public hearing on the foster care policy Oct. 2, and a week later the agency announced it would drop the policy and propose a new policy stating placement decisions will be made on a case-by-case basis.
The state will continue to operate under the 2005 directive until its new proposed policy has gone through a 30-day public-comment period. The Family Council has not decided whether to ask for a public hearing on the new policy, Vice President John Thomas said.
“That’s something we’ll certainly address after the election one way or the other if we need to. As far as we’re concerned, all options are on the table,” Thomas said.
Those options also could include another attempt to run a bill through the Legislature if the ballot question fails, he said.
If voters approve Initiated Act 1, a legal challenge could lie ahead.
“We’re looking into that possibility,” said Rita Sklar, executive director of the Arkansas chapter of the ACLU, though she said she believed voters would reject the measure.
Who's Watching The Foster Kids
• Married couples watch 48 percent of foster children
• Group homes, public or private youth facilities, family members or pre-adoption homes watch 33 percent
• Single females watch 11.7 percent
• Divorced females watch 6.2 percent
• Single males watch 0.4 percent
• Divorced males watch 0.3 percent
• Separated females watch 0.1 percent
Source: Arkansas Department of Human Services
Reader Comments (49 comment(s))
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sick people wrote on Oct 18, 2008 8:30 PM:
masonstorm1958 wrote on Oct 18, 2008 9:02 PM:
illegalsout wrote on Oct 19, 2008 3:50 AM:
But leave the kids to the hetrosexuals,though not perfect it is the best option. "
Gramps wrote on Oct 19, 2008 7:46 AM:
masonstorm1958 wrote on Oct 19, 2008 12:27 PM:
greg19670 wrote on Oct 19, 2008 12:31 PM:
w.o.l.f. wrote on Oct 19, 2008 1:44 PM:
mafm wrote on Oct 19, 2008 2:19 PM:
HeardItAll wrote on Oct 19, 2008 4:53 PM:
BigTex wrote on Oct 19, 2008 8:23 PM:
jopa wrote on Oct 20, 2008 6:58 AM:
Jumbojet wrote on Oct 20, 2008 7:23 AM:
When we fail to let the MAJORITY rule, we have anarchy - just about the current state of politics in the USA!
Will the MAJORITY always be correct in their choices? NO. But that is the chance we take with a DEMOCRACY.
The problem I see is that there are too many people that DO NOT really support a Democracy today. "
UAfootball wrote on Oct 20, 2008 8:08 AM:
scout65708 wrote on Oct 20, 2008 9:33 AM:
UAfootball wrote on Oct 20, 2008 11:47 AM:
What a backwards bunch of people some of you are! Shame on you! "
melter wrote on Oct 20, 2008 12:00 PM:
masonstorm1958 wrote on Oct 20, 2008 12:12 PM:
Jones wrote on Oct 20, 2008 12:22 PM:
UAfootball wrote on Oct 20, 2008 12:59 PM:
Childern are not born rasicts, sexist, or homophobic. This is a learned behavior that YOU and people like you endorse and push on childern. People like you are the reason why childern get confused. "
Welcome to America wrote on Oct 20, 2008 1:21 PM:
scout65708 wrote on Oct 20, 2008 2:06 PM:
Missed wrote on Oct 20, 2008 6:20 PM:
masonstorm1958 wrote on Oct 20, 2008 11:42 PM:
Jones wrote on Oct 21, 2008 11:16 AM:
Jones wrote on Oct 21, 2008 11:24 AM:
swampman wrote on Oct 21, 2008 12:07 PM:
cscheile wrote on Oct 21, 2008 12:31 PM:
I leave this with you as my final thought. How many homosexuals do you actually know? Are you sure they're the only ones? If you needed a bed and a meal would it really matter that much to you if they were gay or not? "
Jones wrote on Oct 21, 2008 12:48 PM:
masonstorm1958 wrote on Oct 21, 2008 1:41 PM:
Welcome to America wrote on Oct 21, 2008 3:42 PM:
missed wrote on Oct 21, 2008 6:19 PM:
Treatment or consideration of, or making a distinction in favor of or against, a person or thing based on the group, class, or category to which that person or thing belongs rather than on individual merit. "
melter wrote on Oct 22, 2008 10:04 AM:
Welcome to America wrote on Oct 22, 2008 10:50 AM:
Jones wrote on Oct 22, 2008 12:12 PM:
Moonglow wrote on Oct 22, 2008 1:39 PM:
mafm wrote on Oct 22, 2008 4:13 PM:
mafm wrote on Oct 22, 2008 4:35 PM:
BigTex wrote on Oct 22, 2008 6:02 PM:
Furthermore, there are many other classes of people against whom it's legal to discriminate including: fat people, ugly people, people who went to the "wrong" university, people who smell funny, people from another region of the united states, people who drive old cars, people of a different socio-economic level and the list goes on...
To the supporters of gay "rights": If you have ever discriminated against members of any of the classes of people mentioned above who do not enjoy protected status and yet you agitate for special rights for gays then you are a hypocrite. "
Welcome to America wrote on Oct 22, 2008 8:56 PM:
Welcome to America wrote on Oct 22, 2008 9:00 PM:
swampman wrote on Oct 24, 2008 3:42 PM:
ecsmith2 wrote on Oct 26, 2008 12:12 PM:
Who does have special rights under Arkansas law?
And what do you mean by "discriminate against" the groups of people you listed?
I think any of the people you list tried to rent an apartment from you, and you tried to refuse them just because of the group you include them in, I think you would be spending some time in a court trying to explain your actions. "
AmaresDivision wrote on Nov 28, 2008 2:59 AM:
First you have straight parents AND their immeadiate families who abandon and let the child be abandoned..then you impose a law saying Gay people who want to love the child CANT adopt them because GOD says Gays cant marry yet God also says Straights cant commit adultry..yet that happens every second of the day..hahahhahhaa. Straight people make these stupid laws...Im starting to wonder IF all straight people are as evil as they are ignorant. "
AmaresDivision wrote on Nov 28, 2008 3:07 AM:
AmaresDivision wrote on Nov 28, 2008 3:18 AM:
AmaresDivision wrote on Nov 28, 2008 3:19 AM:
AmaresDivision wrote on Nov 28, 2008 3:26 AM:


flamingo79 wrote on Oct 18, 2008 8:01 PM: