Arkansas appeals gay foster parent ruling

An Arkansas law banning foster parents from having adult "homosexuals" living in their households is now under review by a state appellate court, where the state filed written briefs Thursday. Last year the law was struck in an opinion that is now under appeal.

Enacted in 1999 by the Child Welfare Agency Review Board, the provision describes a homosexual as "any person who voluntarily and knowingly engages in or submits to any sexual contact involving the genitals of one persona and the mouth or anus of another person of the same gender." Such people, in turn, were not allowed to live in the home where a foster child had been placed, and obviously were not allowed to take on the responsibility of being a foster parent.

Let's see now. No oral or anal sex for gay people, fine for straight people but gay people can do just about anything else and it's okay.

Hey. It's Alabama.

Arkansas appeals gay foster parent ruling
Ann Rostow, PlanetOut NetworkFri Nov 18, 7:48 PM ET

SUMMARY: An Arkansas law banning foster parents from having adult "homosexuals" living in their households is now under review by a state appellate court.

An Arkansas law banning foster parents from having adult "homosexuals" living in their households is now under review by a state appellate court, where the state filed written briefs Thursday.

Last year the law was struck in an opinion that is now under appeal. The American Civil Liberties Union and their clients will respond in 30 days.

Enacted in 1999 by the Child Welfare Agency Review Board, the provision describes a homosexual as "any person who voluntarily and knowingly engages in or submits to any sexual contact involving the genitals of one persona and the mouth or anus of another person of the same gender." Such people, in turn, were not allowed to live in the home where a foster child had been placed, and obviously were not allowed to take on the responsibility of being a foster parent.

Judge Timothy Fox ruled last December that the Child Welfare Agency Review Board did not have the authority to lay down moral regulations, but could only dictate matters that affected the "health, safety and/or welfare" of the children in the foster system. Based on trial testimony, Judge Fox went on to determine that the gay men and lesbians who might be expected to pass the standard foster parenting investigation would pose no danger to a child's health, safety or welfare. As such, he concluded, the board exceeded its mandate under state law, and the provision was illegal.

Praised by civil rights advocates at the time simply because the law itself was struck, Judge Fox nonetheless ruled that, in theory, the state Legislature could indeed outlaw gay and lesbian foster parents on moral grounds alone. While it might be beyond the jurisdiction of the board in question, the state itself retains the constitutional right to base a law on public morality as long as no fundamental rights are at stake and no protected class of individuals are harmed.

Judge Fox relied on the federal appellate opinion upholding Florida's ban on gay and lesbian adoptive parents as the basis for his conclusion. Ironically, while Florida allows gay foster parents and restricts adoption, Arkansas allows gay men and women to adopt, while their ability to be a foster parent remains in limbo. For now, there are no restrictions on foster parenting, although that could change if the state appellate court reverses the lower court.


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