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Arkansas Supreme Court Unanimously Strikes Down Anti-Gay Adoption Law

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jsamuel Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Apr-07-11 11:16 AM
Original message
Arkansas Supreme Court Unanimously Strikes Down Anti-Gay Adoption Law
Edited on Thu Apr-07-11 11:17 AM by jsamuel
http://www.arktimes.com/ArkansasBlog/archives/2011/04/0...

The Arkansas Supreme Court today ruled the initiated act barring unmarried couples from adopting or fostering children is unconstitutional. There were no dissents on the seven-member court. Justice Robert Brown wrote the opinion.

It held the law is a violation of fundamental privacy rights under the Arkansas Constitution and declined to consider other issues raised in the appeal and cross-appeals. Significantly, this leaves no guidance on whether a U.S. constitutional challenge could be mounted to the state constitutional prohbition against same-sex marriage.

...

The court said because the law restricted fundamental rights, it came under heightened scrutiny on whether the least restrictive means were used to achieve a compelling state interest.

The state defended the law. The Family Council, the conservative religious group that put the initiative on the ballot, intervened also to defend it.

The court said the law was neither narrowly tailored nor used the least restrictive means to achieve the goal of advancing the best interests of children. Witness after witness testified that no interest of a child was advanced by a blanket ban on unmarried couples. Even the Family Council's own attorney conceded some unmarried couples would be suitable parents. The court said concerns about the stability of unmarried couples could be dealt with by a rigorous screening process.
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sinkingfeeling Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Apr-07-11 11:17 AM
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1. Great news for all of us!!!
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Zorra Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Apr-07-11 11:26 AM
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2. In contrast, can you imagine what happens to a child when adopted by a RW fundie nutjob?
Given the choice between being adopted by a nice GLBT couple, or a couple of cult members from the Westboro Baptist church, what would you choose?

It's a total no brainer, isn't it?
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Warpy Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Apr-07-11 11:38 AM
Response to Reply #2
4. I knew a guy who went through just that
He was the older kid nobody wanted, so he got farmed out to foster care. He spent evenings tied to a tree in the back yard while the family ate their supper. It was his "crucifixion" to chase his demons out.

He grew up to be a hell of a nice guy and a great father. How he got there was hideous.
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Democrats_win Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Apr-07-11 11:26 AM
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3. Families will be protected. I guess these judges are values voters?
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starroute Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Apr-07-11 12:05 PM
Response to Original message
5. I keep wondering why the same standard isn't applied to voter ID acts
"Because the law restricted fundamental rights, it came under heightened scrutiny on whether the least restrictive means were used to achieve a compelling state interest."

You'd think that would rule out Ohio trying to disenfranchise 900,000 people just to prevent one or two cases of voter fraud a year. :shrug:

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