Where Everybody Knows You're Numb

(Little Rock, Arkansas) Attorneys for a dozen families who are challenging an Arkansas law banning unmarried couples from becoming foster or adoptive parents have asked a judge to deny a state motion to have the lawsuit dismissed.

Voters approved the ban last November.  The families involved in the legal challenge are represented by the American Civil Liberties Union of Arkansas. The case is before Pulaski County Circuit Court Judge Chris Piazza, but Arkansas Attorney General Dustin McDaniel in January asked Piazza to dismiss the suit.

 

In his motion, McDaniel argued that the state has an interest in preserving marriage.

In its reply, the ACLU disputes the claim. It argues that the law violates the federal and state constitutional rights to equal protection and due process.

This law hurts families and children in many ways it takes away parents right to decide for themselves who will adopt their children if they die, it denies the many children in Arkansas state care a chance at the largest possible pool of potential foster and adoptive homes, and denies couples who are living together but unmarried the chance to provide loving homes to children who desperately need them, said Rita Sklar, Executive Director of the ACLU of Arkansas.

The laws ban affects both same-sex couples already prevented from marrying in Arkansas and opposite-sex couples who live together but are not married.

In its submission to the court, the ACLU argues that the law is particularly harsh for same-sex couples.

With respect to gay and lesbian cohabiting couples, there is no rational relationship between Act 1 and promoting marriage because same-sex couples are legally precluded from marrying under Arkansas law, the brief said. Thus, there is no incentive to marry that could possibly result in gay couples marrying in the state.

Among the couples involved in the lawsuit are Stephanie Huffman, who already adopted one child from the state in 2004 and her partner of 10 years, Wendy Rickman.

They want to adopt another child or a pair of siblings through the Department of Children and Family Services, but now cant because of Act 1.

The state already knows were good enough parents that they placed one child with us before Act 1 passed, said Huffman. Who knows how many children are now cut off by this law from loving homes?

Judge Piazza has not indicated when he might rule on the states application to have the lawsuit thrown out.

(end of article)

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Now, you'd THINK the part highlighted in red would be a "no-brainer," now, wouldn't you ...

Just another prime example of how conservative groups sieze upon this "gay marriage" thing as a rallying trumpet for ANYTHING these days.