AP: Ark. Judge Voids Ban on Gay Foster Parents

[truthpusher]

http://news.yahoo.com/news?tmpl=story&u=/ap/20041229/ap_on_re_us/gay_foster_parents_1

Ark. Judge Voids Ban on Gay Foster Parents

19 minutes ago U.S. National - AP

By DAVID HAMMER, Associated Press Writer

LITTLE ROCK, Ark. - An Arkansas judge Wednesday declared unconstitutional a state ban on placing foster children in any household with a gay member.

Ruling in a case brought by the Arkansas chapter of the American Civil Liberties Union (news - web sites), Pulaski County Circuit Judge Timothy Fox said the state Child Welfare Agency Review board had overstepped its authority by trying to regulate "public morality."

(snip)

While acknowledging that the ban was discriminatory against gays, Fox said that homosexuals are not recognized under the law as a "suspect class," as women and racial minorities are.

Instead, he said that the Arkansas Legislature gave the child-welfare board the power to "promote the health, safety and welfare of children," and that the ban does not accomplish that. He said that the regulation instead seeks to regulate "public morality" — something the board was not given the authority to do.

http://news.yahoo.com/news?tmpl=story&u=/ap/20041229/ap_on_re_us/gay_foster_parents_1

[MARALE]

1. Good!!!

Some friends of ours have foster children and their life is much more normal and better off than it was before. The ladies keep their business in their bedroom and they say it is not a problem for the kids. They are a good, loving, stable home for these kids and that is what they need.

[davidinalameda]

2. whoo hoo!

that's gonna piss off the fundies!

love it!

[arkie dem]

7. They live to stay pissed off.

They're nothing but a bunch of Piss and Moan Whiners.

[HuckleB]

3. Awesome!

Good news is so hard to come by these days.

[Charlie Brown]

4. I wouldn't get excited

This will certainly be appealed to the Arkansas Supreme Court, who will probably uphold the ban. If not, the fundies will start lobbying to change the federal Const. to prohibit gay parenting. This is a hollow victory.

[truthpusher]

5. bah humbug!

[Rose Siding]

11. Nothing hollow about it

A judge in Arkansas did the right thing. Maybe some families will be together a little longer.

Fools can be depended upon to act like fools but that's no reason not to celebrate sanity where we find it.

[StuckinKS]

6. As a gay man who has fostered fifteen children

and adopted three of those children, I am prepared to celebrate every triumph on this issue, no matter how small.

It sounds as if the judge did issue his ruling on a narrow basis making it easier to be upheld. I'm just waiting to hear what Oklahoma is going to do about their ban on recognizing gay adoptions done in other states. That one is really overreaching.

[truthpusher]

8. I could only imagine what it's like being in your position...

...I try to compare what it would be like if my wife and I were told that we can not care for our daughter (natural). I guess it would be like the government telling us we could not care for our daughter because we like to hold hands with my right and her left versus her right and my left...I really do think the whole notion is that ridiculous.

[wicket]

9. YAY!!!!!!

[Lugnut]

10. Excellent!

Thank goodness for the occasional instance of common sense in interpreting the Constitution.

[VegasWolf]

12. Second your comment!!!! n/t

[truthpusher]

14. I am amazed at how rare it is we see a decent interpretation these days!

[arwalden]

13. Those "Activist Judges"...

if that's what an activist judge is... then we need more of them!