Arkansas high court upholds decision to strike gay adoption ban

The Jurist

The Arkansas Supreme Court on Thursday upheld a lower court decision invalidating a state ban on adoptions by same-sex couples. The court affirmed the decision of the Pulaski County Circuit Court invalidating a state ban on adoptions by same-sex couples.

The court affirmed the decision of the Pulaski County Circuit Court invalidating Act 1, a state law which prohibits all unmarried couples from adopting or fostering children in the state. The court held that the "fundamental privacy rights, which are implicit in the Arkansas Constitution, are substantially and directly burdened by Act 1’s prohibition against the ability of cohabiting sexual partners to foster or adopt children."

The American Civil Liberties Union (ACLU), which brought the suit on behalf of 20 individuals claiming the law unfairly discriminated against them, welcomed the ruling, calling it "a relief for the over 1,600 children in the state of Arkansas who need a permanent family."

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