Gay Rights

ACLU Challenges Gay Adoption Ban in Arkansas

Published January 01, 2009 @ 10:48AM PT

Gay AdoptionWe're on an unintended adoption kick here at gayrights.change.org today.  In addition to this morning's post about how Louisiana Governor Bobby Jindal might be working behind the scenes to push for a gay adoption ban in his home state, the ACLU is out this week with a challenge to Arkansas's ban on gay adoption, which passed in November 2008 after a statewide ballot.

The ban, known as Act 1, limits all adoption by unmarried persons.  LGBT parents were clearly harmed by the passage of Act 1 (since Arkansas does not allow LGBT people to marry), but so too were straight unmarried couples.  Now children's rights advocates are turning to the courts to overturn this ban, which they say (accurately) does a disservice to children needing healthy families.

"Act 1 violates the state's legal duty to place the best interest of children above all else," said Marie-Bernarde Miller, a Little Rock attorney in the lawsuit.

There are 29 plaintiffs in the case, including a grandmother raising a grandchild with her same-sex partner, and a lesbian couple raising two boys, one of whom is a special-needs child.  There's at least one reason to be hopeful that this lawsuit might result in the ban being overturned - the lawsuit has been assigned to Pulaski County Circuit Judge Timothy Fox, who had initially overturned a statewide gay foster parent ban that anti-gay (and anti-children!) activists sought in Arkansas in 2006.

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Comments (6)

  1. A B

    We know several plaintiffs in this Act I case. The plaintiffs we know are individuals whom you would be happy to call family and friend. They consider us so and we consider them family as well.

    One couple has a special needs child who has had many operations for a deformed or cleft palate. The latest occurred on December 18. The connection between this little girl and our son is significant in many ways.

    One of the moms to little Eva Mae is a physician. Granted, she knows which surgeons will provide the best results, but the fact that she is a physician makes her more aware as well as informed about the various outcomes for her.

    There is always a question why professionals with options would choose to live in such a Red State as Arkansas? It is the "buckle" of the Buy Bull Belt. (I have too much respect for Holy Scripture than to describe what they believe as Christian modelling).

    In their case, one can cite several generations of prominent family members in higher education and medicine in AR, her native state. It is difficult to live in that perfect American state....for even the two marriage states have no federal recognition.

    There is much hope that Judge Timothy Fox will preside over the case. Please note that AR ELECTS their Supreme Court justices and all their lower court judges. There are neolibs and neocons in office, and that means both D and R are homophobic and fearful of the Religious Right.

    Posted by A B on 01/01/2009 @ 01:13PM PT

  2. Reply to thread
  3. Lisa Smolen

    Let's hope that what is in the best interest of the children actually happens - that the ban is overturned.  Children need loving adults to guide them through their early years.  ADULTS who love them, who care for them.  Just because a man & a woman are married doesn't automatically make them qualified parents or foster parents. 

    Children need to be placed in a home that suits their needs.  I look at several of my gay friends & how loving their home is, and wonder who would think them incapable of loving a child? 

    Posted by Lisa Smolen on 01/01/2009 @ 02:41PM PT

  4. A B

    Anne and Robin explained to us that the AR regulation had been changed by court order IN FAVOUR of the adoption by single or discordant couples (read gay as well as unmarried straight) prior to the November 4 vote to return to the status quo ante.

    Fascist newspeak code " judicial activism " works well with the low information voters of AR. After all, when the Judicial Branch acts as a co-equal branch of state government over the Executive or Legislative and assures minority rights, then, of course, if it " LIBRUL, LIBRUL, LIBRUL, HOMOSEXUAL AGENDA."

    Posted by A B on 01/01/2009 @ 03:31PM PT

  5. Lee Dorsey

    This is very good news. The ACLU has been at the forefront of some very big cases for us this year.

    Posted by Lee Dorsey on 01/01/2009 @ 10:26PM PT

  6. A B

    TN and AR are forever linked - like Clinton and Gore, and 1992, when both those states were in the neolib pseudo D corner and are now firmly in the neocon R column.

    The DLC is the DINO vehicle for demanding that the LGBT citizens keep quiet and accept Jim Crow incrementalism. The president is one curious character. His name is Harold Ford, Jr.

    Mr. Ford succeeded his father as a US House of Representatives member for TN (Memphis). He was single at the time, and Ford is an extremely handsome fella. He ran for the US Senate from TN and lost to a neocon Republican. Dirty tricks? You betcha !!!!!

    Mr. Ford did all the DLC things right. He went right. He threw the gay and lesbian community under the bus. He was a Tennessee Democrat - code used by both Senators Pryor and Lincoln of AR- a conservative Democrat whose vote the GOP leader can count on.

    Mr. Ford lost, I am happy to relate. The TN GOP found that the black congressman had a preference for white women. He also seemed to prefer them as professional women....like in Vegas. His theocratic black religious rightism was thrown under the bus, and black women were incensed that one of their guys slept white.

    After all, until September 1967 - it was ILLEGAL for a BLACK MAN to associate, let alone MARRY A WHITE WOMAN. The preachers said it was a SIN, and the judges said it was ILLEGAL. Yet this hypocrite still continues to oppose same sex marriage.....

    because DLC President Ford married and has a new baby.....a white woman and a bi-racial child.

    Mr. Ford thinks that you should have Domestic Partnership benefits at least and "Jim Crow Civil Unions" at most. The pseudo "activists" like HRC agree with him.  I DO NOT.

    Posted by A B on 01/03/2009 @ 05:35AM PT

  7. A B


     The LGBT community is a cultural, political and social definition in progress.

      The Baby Boomer generation is usually defined as 1946 to 1962 - but as someone born in 1946, I would say that those who are 46 or 47 years old have more in common with Gen X than we.

       The individuals we knew as young men or women - gays born from 1933 to 1945 were truly the pioneer generation of the Mattachine Society and the Daughters of Bilitis. They lived their entire productive years as " felons, sinners and sickos."

    There are men like Dr. Frank Kammeny and Dr. Bruce Voeller and Phyllis Lyon and Del Martin whose activism was known to us. Born in this generation is the often maligned fellow Yale alum, the man who gave us ACT UP, and exported it to the world.

    The signs of the day and the early Gay Liberation movement spoke the words of total inclusion in our civil rights. Gentrified incrementalism was anathema. I have this humorous picture in my head of the Stonewall Riots and the HRC negotiating the compromise between trans and drag queens and the NYPD of that time.This picture is possible because I started going to the Stonewall Inn, as part of my Village experience, when I was 21 or 1967. It was illegal to sell a homosexual an alcoholic beverage. If you are Gen Y, please take a moment to process what the " old pervs" of today experienced before you were born.

    We have from gay to lesbian to lesbian and gay/gay or lesbian to gay, lesbian, bisexual and transgender.....well, some had the "T" excised...but restored.....and then there is the Q and our identity seems to be more appropriately defined as a Welsh word with 26 letters and no vowels.

    To many in our community, the "loss" of " in-your-face libidinous" cultural definition makes many of these issues moot to the core.
    The thought of the era was " Well, if you think that we are sick, felons, and sinners....take a look at my behavior, and my total psychosexual definition. I will become your stereotype.

    The lesbians always had children within their reality. At one time, lesbians with children from straight wedlock, were ostracized from the hip lesbian scene. Today, lesbian couples marry and plan children through surrogacy or adoption.

    Male couples - even those with longevity - having lived through Anita Bryant and the AIDS pandemic - had defined their lives from one circuit party to the next transatlantic gay cruise. Today, the "gay-by" boom have male gay couples marrying and starting families through surrogacy or adoption. To many, fost-adopt programmes like CA, is the way that they adopt.

    If you are Mary Cheney, and a celebrity lesbian, the fear of financial destitution, or inordinate taxes from the legal stranger defined as the person who shared your life for decades, is meaningless. To the rest of us, it means destitution or survival.

    Hate crimes, ENDA, DADT are the dessert requests of our society now. MARRIAGE, MARRIAGE, MARRIAGE, REPEAL OF DOMA AND A FEDERAL MARRIAGE RIGHTS ACT....that is the main course.

    The message of MARRIAGE was clear with Cheryl Jacques' HRC. We are now living in a world where the neo-liberal gay activists are in charge, accomodating the separate and unequal strategy.

    Posted by A B on 01/04/2009 @ 07:04AM PT

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Michael Jones

Michael is the Communications Director for the Human Rights Program at Harvard Law School, and previously was Communications Director for Pax Christi USA, a progressive Catholic human rights organization.

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