A Collaboration with the University of Pittsburgh

Arkansas judge rules ban on gay foster parents unconstitutional

[JURIST] Arkansas Circuit Judge Timothy Fox Wednesday declared that a state ban on placing foster children in a household with a gay member was unconstitutional. The Arkansas chapter of the ACLU brought the case, challenging a 1999 regulation that stated that gays cannot become foster parents, and foster children cannot be placed in any home with a gay household member. The judge found that the regulation did not accomplish the goal of the state Child Welfare Agency Review Board, which is to promote health, safety, and welfare of the child. Instead, he concluded that the regulation sought to regulate public morality, which was outside the boundaries of the agency. Read the decision here. AP has more. The ACLU offers additional material.

About Paper Chase

Paper Chase is JURIST's real-time legal news service, powered by a team of 30 law student reporters and editors led by law professor Bernard Hibbitts at the University of Pittsburgh School of Law. As an educational service, Paper Chase is dedicated to presenting important legal news and materials rapidly, objectively and intelligibly in an accessible format.

© Copyright JURIST Legal News and Research Services, Inc., 2013.