The American Civil Liberties Union sued the state of Arkansas, arguing that Act 1 serves to exclude qualified families from the process of adopting or fostering, despite the fact that the state is in desperate need of such homes.
The fight over the issues began with the 2006 state Supreme Court overturning of the Human Services Department's practice of banning gay and lesbian couples from becoming foster parents. In April 2008, voters responded by approving Act 1, which was largely supported by the Arkansas Family Council. Last year, a state judge ruled that the enforcement of Act 1 created a situation in which unmarried couples must choose between their relationships and adoption. In Arkansas, where gay marriage is not recognized, Act 1 produced a complete roadblock to adoption for those within the gay and lesbian community. In response to the state judge's decision, the attorney general requested that the Supreme Court look at the situation while keeping in mind that neither fostering or adopting are considered to be constitutionally protected rights.
Last week's Arkansas Supreme Court decision opened the door for gays, lesbians, and unmarried heterosexual couples to adopt within the state. Additionally, parents are no longer restricted by marital status when writing a family member into their will to take care of their children.
Mississippi and Utah are the only remaining states to continue to ban unmarried couples from adopting. Utah does not permit any unmarried couple to adopt or foster a child. Mississippi, on the other hand, enforces a ban on adoption for gay couples but allows single gays to adopt.
