Arkansas Supreme Court struck down homosexual foster parents ban

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On June 29, 2006, the Arkansas Supreme Court struck down a regulatory provision barring same-sex couples from raising foster children, holding there was no connection between homosexuality and child-rearing ability. The state child welfare agency had appealed a lower court ruling against § 200.3.2 of the Arkansas Minimum Licensing Standards of the Child Welfare Act, which stated in part that "[n]o person may serve as a foster parent if any adult member of that person's household is a homosexual." The Supreme Court agreed with the trial court that "the regulation did not promote the health, safety and welfare of foster children and, thus, the Board exceeded its authority in legislating for public morality."



Learn more about the legal rights of same-sex couples from the JURIST news archive.

 

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