Wednesday, January 14, 2009

Halted Efforts

The American Civil Liberties Union has halted its efforts - at least for the time being - to delay implementation of a law that bans unmarried cohabiting couples from fostering or adopting children after state's attorneys pointed out that the new law hasn't been applied to anyone.

Proposed Initiative Act 1 went into effect Jan. 1, and the ACLU, which is spearheading a lawsuit to have the law declared unconstitutional, had sought a temporary restraining order to block its implementation until the case can be heard in Pulaski County Circuit Court.

The restraining order was necessary to protect the interests of one of the 29 plaintiffs, Sheila Cole of Oklahoma, the ACLU said.

The attorney general's office opposed the restraining order, saying that proceedings involving Cole's granddaughter have not reached the point where Act 1 would apply. The new law wouldn't apply unless the state attempts to terminate parental rights to the child, which hasn't happened and might not happen.

ACLU lawyers agreed to withdraw their request for a restraining order on the condition that the attorney general's office notify them if Act 1 is going to be applied against Cole or anyone in a similar situation to permanently affect their eligibility to become foster or adoptive parents. The order requires the attorney general's office to notify the ACLU two weeks before it takes any action under the new law.

Full Article and Source:
ACLU halts effort to toss adoption ban

See also:
Act One Under Fire

1 comment:

Anonymous said...

Unmarried and cohabiting couples should be allowed to foster or adopt children. What the state should be interested in is getting decent parents and not worry if they're married or not.