The Arkansas Supreme Court unanimously ruled against a law that banned both gay and straight unmarried cohabiting couples from adopting children or serving as foster parents. Arkansas voters approved "Act One" in November 2008. Yesterday, the court decided that such an across the board ban violated the right to privacy by forcing couples into a choice between sexual intimacy and parenthood.
"The choice imposed on cohabiting sexual partners, whether heterosexual or homosexual, is dramatic," the court said in its ruling. "They must chose either to lead a life of private, sexual intimacy with a partner without the opportunity to adopt or foster children or forego sexual cohabitation and, thereby, attain eligibility to adopt or foster."
The Arkansas-based Family Council Action Committee (FCAC) sponsored Act One and assisted in the defense of the law. FCAC president Jerry Cox called the ruling "anti-child" and "the worst decision ever handed down by the Arkansas Supreme Court."
"This is a classic ...1