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. 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 since the law also banned second parent adoptions for same-sex or unmarried/cohabitating couples. Now? A whole world is opening up in front of us! It's a good day in the Natural State.
Another great excerpt from the opinion. Thanks to jpmassar for pointing this out in the comments!
Act I presents a pernicious choice for Cole. She can either give up her fundamental right to sexual intimacy in her home free from investigation by the State into her sexual practices in order to adopt or foster or forego the privilege of having children by adoption or fostering. We hold that the burden inflicted on her is direct and substantial...
We hold that Cole's fundamental privacy rights, which are implicit in the Arkansas Constitution, are substantially and directly burdened by Act 1's prohibition...
Affirmed.
UPDATED
Both sides have now had time to make their statements regarding this morning's decision. Rita Sklar, Executive Director of the ACLU of Arkansas, praised the ruling for opening up family options for the 1600+ children currently in the state's foster system at a time when there is a critical shortage of good homes. According to Sklar, "This ban wouldn’t even allow a relative – gay or straight – to foster or adopt a child with whom they had a close relationship, so long as that relative was unmarried and living with a partner. The court clearly saw that this ban violated the constitutional rights of our clients and thousands of other Arkansans.”
Jerry Cox, with the Family Council, predictably blasted the decision as "a classic example of judicial tyranny" and "the worst decision ever handed down by the Arkansas Supreme Court."
Democratic Governor Mike Beebe expressed confidence in the Dept. of Human Services as it seeks out the best homes for the children in the state's foster system, saying that "by expanding the pool of potential applicants, today's Supreme Court decision will create more opportunities to match children with loving and supportive homes."