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Top Arkansas court backs gay foster parents

 
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RealityBites
Satan Incarnate


Joined: 11 Apr 2006
Posts: 1584

PostPosted: Thu Jun 29, 2006 5:56 pm    Post subject: Top Arkansas court backs gay foster parents Reply with quote

Quote:
LITTLE ROCK, Ark. — 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.

"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.''

The court also said that being raised by homosexuals doesn't cause academic problems or gender identity problems, as the state had argued.


http://www.thestar.com/NASApp/cs/ContentServer?pagename=thestar/Lay...

Full ruling (unanimous) http://www.aclu.org/images/asset_upload_file1_26052.pdf
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Infosaturated
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Joined: 13 Apr 2006
Posts: 873
Location: Montreal

PostPosted: Thu Jun 29, 2006 6:34 pm    Post subject: Reply with quote

Wonderful news, and does it set a precedence?

I started reading the court judgement and it is very amusing. I just skimmed, but if I understand it correctly, the board appealed the original decision, this is the result of an appeal. The appeal court did find a problem. They said the first court was correct in ruling based on separation of powers, and that alone was enough to strike down the regulation. However, they should also have cited constitutional rights. So, not only did they lose the appeal, they lost on more counts than the original ruling cited. ROTFL I hope they appeal again!
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RealityBites
Satan Incarnate


Joined: 11 Apr 2006
Posts: 1584

PostPosted: Thu Jun 29, 2006 7:07 pm    Post subject: Reply with quote

From what I gather, it was decided mainly on procedural grounds, that the board (or agency, or whatever it's called) didn't have the authority or justification to make such a rule. It doesn't prevent the legislature from doing it though, and it wouldn't surprise me a bit if they do so. Then it could be argued on constitutional grounds.

I did find the definition of homosexual kind of amusing, as it was based strictly on oral-genital and/or genital/anal contact.

I guess this couple counts as straight Jerk It Jerk It

Or this one: Liar Laughing

Or even this polyamorous threesome Laughing Happy Dance Mr. Green
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