A lawsuit seeking to undo Arkansas' voter-approved law limiting access to adoption and foster care survived its first challenge when a Pulaski County circuit judge ruled the case should go to trial.
But Judge Chris Piazza did side with state attorneys in throwing out one part of the 11-point lawsuit by the American Civil Liberties Union - a challenge to the title of the ballot initiative that became Initiated Act 1 of 2008 by attracting 57 percent of the vote in the November election. The ACLU, representing 24 adults and children, is seeking to overturn the law, which bars cohabiting unmarried adults from fostering or adopting children, claiming the measure is unconstitutional.
Byron Babione, an Arizona attorney representing Family Council Action Committee, the conservative Christian political action committee that championed the law, Cordi contended that the ACLU was trying to fabricate a constitutional right that doesn't exist, a right by children to be adopted or placed in foster care. Adoption and foster care law arises from state statute, not the Arkansas or U.S. constitutions, they argued.
Babione: "There's no deep-rooted right in this nation's laws or history to adopt or foster."
Full Article and Source:
Trial on adoption ban approved
See also:
Halted Efforts
Act One Under Fire
But Judge Chris Piazza did side with state attorneys in throwing out one part of the 11-point lawsuit by the American Civil Liberties Union - a challenge to the title of the ballot initiative that became Initiated Act 1 of 2008 by attracting 57 percent of the vote in the November election. The ACLU, representing 24 adults and children, is seeking to overturn the law, which bars cohabiting unmarried adults from fostering or adopting children, claiming the measure is unconstitutional.
Byron Babione, an Arizona attorney representing Family Council Action Committee, the conservative Christian political action committee that championed the law, Cordi contended that the ACLU was trying to fabricate a constitutional right that doesn't exist, a right by children to be adopted or placed in foster care. Adoption and foster care law arises from state statute, not the Arkansas or U.S. constitutions, they argued.
Babione: "There's no deep-rooted right in this nation's laws or history to adopt or foster."
Full Article and Source:
Trial on adoption ban approved
See also:
Halted Efforts
Act One Under Fire
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