Foster families win key court ruling in Arkansas

In 1999, Arkansas’ child welfare board banned gay people from becoming foster parents, arguing kids would be better off in orphanages. Four residents sued, claiming discrimination. Today, the state Supreme Court agreed.

Arkansas cannot ban homosexuals from becoming foster parents because there is no link between their sexual orientation and a child’s well-being, the state’s high court ruled Thursday. […]

The justices agreed Thursday, saying the ban was “an attempt to legislate for the General Assembly with respect to public morality.”

“There is no correlation between the health, welfare and safety of foster children and the blanket exclusion of any individual who is a homosexual or who resides in a household with a homosexual,” Associate Justice Donald Corbin wrote in the opinion.

In addition, the court said, the testimony of a Child Welfare Agency Review Board member demonstrated that “the driving force between adoption of the regulations was not to promote the health, safety and welfare of foster children but rather based upon the board’s views of morality and its bias against homosexuals.”

State officials had also argued that kids raised by gay foster parents suffered from “academic problems” and “gender identity problems,” but the court didn’t buy the argument (probably because the state couldn’t produce any evidence to back up the bogus claim).

I know the far-right will whine incessantly about this, but it sounds like common sense won in Arkansas today.

Bush stacks SCOTUS…and it bites his precious little wingnut base. Gotta love those Supremes!

  • Bush stacks SCOTUS…and it bites his precious little wingnut base. Gotta love those Supremes!

    Just to clarify, this ruling was the Arkansas Supreme Court, not the U.S. Supreme Court.

  • I’m sure Rove danced the Snoopy Dance. Now, he’s probably trying to figure out how to keep this in the headlines from now til Nov.
    I’m glad for the ruling and look forward to watching smoke pour out of Dobson’s ears. Hopefully that smoke will have cleared by November.

  • how much of a victory can be claimed when we are talking about foster parents. These are not adoptions, and in general do not lead to adoptions, these are temporary places to stay for kids whose parents are deemed unfit for some reason. of course this decision is good, but if this had gone the other way, and allowed spitefully discriminating against gays who are trying to help out the most vulnerable and desperate members of our society, it would have been unconscienable.

    that’s not victory, that’s common sense.

  • that’s not victory, that’s common sense.

    Sadly, we are at a point where we celebrate victories of common sense.

  • that’s not victory, that’s common sense

    One step at a time. This is also Arkansas….not Boston, Massachusetts.

  • “Sadly, we are at a point where we celebrate victories of common sense.”

    It is sad, isn’t it? But still a sea change seems as if it might, at long last, be in the making. I wish I could say the opposition party were responsible, but it obviously isn’t. Maybe the great unwashed is finally getting bored with the one voice which seems to have dominated all branches of government and their supposed watchdogs? Maybe the recent arrival of left/reality-leaning blogs and radio is responsible. Or maybe it’s just that the Seattle Mariners have finally attained .500 on the season. At any rate, while holding no great hopes, either in baseball or politics, I no longer sense deepening depression. I’d be satisfied if common sense ruled (though I guess I’m thinking Tom Paine).

  • How long before the Arkansas legislature comes up with some constitutional amendment in response to this ruling? We should start a pool on it. I say no more than 3 business days before some wingnut state legislator steps up to the plate.

  • Good for SCOA (Supreme Court of Arkansas). Unfortunately I get the feeling JoeW and Justin are on to the plan here. There has to be an enemy to fight against. I can hear it now…”Look at the activist judges!” Boy these Republicans really can put a damper on good news.

  • I loved hearing about this. In part because there was a time when Arkansas was thought to be the most backward place in the world. I never did agree with that. But like it or not, most Texans always seem to have felt infinitely superior to Arkansans. Well, think again, Texas. You don’t have Arkansas to kick around anymore. (The Louisiana jokes in Texas seemed to fade away after Katrina. New Mexico has an inexplicable teflon coating and hell, we own Mexico, so I guess we’ve only got Oklahoma to dump on now…)

    And that’s the regional update on this story…

  • ***Just to clarify, this ruling was the Arkansas Supreme Court, not the U.S. Supreme Court.***
    Carpetbagger

    Oops…sorry! I’m still trying to get used to these infernal bifocals. Although the wingnuts in Arkansas think they “are” the United States of America….

  • I was thrilled when I saw this and the cheer that went up in Boston was deafening. We are always pleased to see it stuck in the eye of the wingnuts and we are even happier for the children who will now have loving, safe environments to go to. All in all, a great win.

  • Huckabee Uses Denouncement Of Gay Families To Garner Support For White House Bid
    by The Associated Press

    July 9, 2006 – 12:01 am ET

    (Cedar Rapids, Iowa) Arkansas Gov. Mike Huckabee told Iowa Republicans Saturday that he’s certain lawmakers in his home state will move swiftly to ban gays and lesbians from becoming foster parents.

    Huckabee is barred from seeking re-election in Arkansas because of term limits, and was in Iowa this weekend drumming up support for a potential bid for the presidency.

    The Iowa caucuses traditionally launch the presidential nominating season.

    Huckabee was asked about an Arkansas Supreme Court ruling last month that upheld a lower court decision throwing out a ban on gays and lesbians serving as foster parents. (story)

    The ban had been imposed arbitrarily by the Child Welfare Board in 1999.

    Huckabee said that while the ruling accused the Board of overreaching it did not rule on the merit of banning gays from fostering.

    “Our attorneys read into that that if it was legislation it would likely stand, that we could in fact say that only married couples could be foster parents,” Huckabee said. “We think that if we go back and codify that into law that probably takes care of it.”
    He also said that the law would incorporate a ban on gay adoption.

    Huckabee said the legal battle brought by gays over the Board regulation had little to do with the welfare of children.

    “What I feared was going on was that the plaintiffs in this case were not as interested in foster children as they were in making the political point of homosexual activism,” Huckabee said. “That’s troubling that we would use children as a political tool to enact something that has nothing to do with the best interest of a foster child.”

    Huckabee also reiterated his support for banning same-sex marriage in an amendment to the U.S. Constitution.

    An ordained minister he is hoping to capture the support of conservative Christian groups for his potential White House bid.

    But he isn’t the only Republican with presidential aspirations to use attacks on gays to garner support from conservative Christians.

    Sen. Rick Santorum (R-Pa) was one of the sponsors of the federal marriage amendment that failed again this year and Massachusetts Gov. Mitt Romney has been wooing evangelical groups mainly in the South.

    Earlier this week it emerged that Romney’s political action fund is the biggest campaign contributor to the group behind an amendment to the South Carolina constitution to ban gay marriage.

    (Attribution to the Associated Press)

    (Comment: Bud Evans)….What can I say. There’s big profit in bigotry — both politically as well as in fund-raising scams done by right-wing pseudo-Christian hate-mongers. So, as long as people can make “capital” (political or otherwise) off from dividing people in these un-United States, then group-hate and stupidity will surely follow.

    In another time, not long ago in the South, Huckabee would be savaging Black families and those “uppity” you-know-whats for demanding equal treatment. He’s a real piece of work (I was thinking of another word actually)
    — yep, he really is.

    My Blog:
    http://rainfish2000.blogspot.com

  • Maybe the great unwashed is finally getting bored with the one voice which seems to have dominated all branches of government and their supposed watchdogs? Maybe the recent arrival of left/reality-leaning blogs and radio is responsible. Or maybe it’s just that the Seattle Mariners have finally attained .500 on the season. At any rate, while holding no great hopes, either in baseball or politics, I no longer sense deepening depression.

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