Arkansas Proposed Initiative Act No. 1 (2008) is an initiated state statute that was approved on November 4, 2008, election in Arkansas. This measure makes it illegal for any individuals cohabiting outside of a valid marriage to adopt or provide foster care to minors. While the measure was proposed primarily to prohibit same-sex couples from being adoptive or foster parents, this measure also applies to all otherwise qualified couples who are not legally married.Attorney General OKs Second Gay Adoption Ban Times Record Online. Thursday, November 8, 2007
The statute was a response to the June 2006 Arkansas Supreme Court case Howard vs. Arkansas, which overturned a ban on gay adults becoming foster parents. The Arkansas-based Family Council Action Committee lobbied for state legislatures to respond to the case for several years before petitioning to add Act 1 to the November 2008 ballot.
On December 30, 2008, the ACLU filed suit in state court on behalf of 29 adults and children, challenging Act 1 as unconstitutional.Arkansas: Adoption Law is Challenged New York Times Online. December 31, 2008
On April 16, 2010, the law was overturned by Circuit Court Judge Chris Piazza in the case Arkansas Department of Human Services v. Cole.State judge overturns Ark. adoption ban law His ruling was upheld unanimously by the Arkansas Supreme Court on April 7, 2011.State Supreme Court strikes down adoption ban
Results
See also LGBT rights in Arkansas LGBT adoption
External links The initiative in full text Arkansas Unmarried Couple Adoption Ban (2008) ballotpedia.org Family Council (Supportive) Arkansas Families First (Opposition) Cole v. Arkansas - Case Profile (ACLU challenge to Act 1) The Money Behind the 2008 Same-Sex Partnership Ballot Measures - National Institute on Money in State Politics
References