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Cole, the Arkansas Supreme Court unanimously found that the measure "fails to pass constitutional muster" because it "directly and substantially burdens the privacy rights of 'opposite-sex and same-sex individuals' who engage in private, consensual sexual conduct in the bedroom by foreclosing their eligibility to foster or adopt children ...
Although the law could apply to heterosexual couples, it was believed to have been written to target gay couples due to the fact that same-sex marriage was prohibited in that state, thereby making an adoption impossible, [48] although single gay men and lesbians were still allowed to adopt in Arkansas. The law was overturned on April 16, 2010 ...
adoption, LGBT rights Arkansas Department of Human Services v. Howard , 367 Ark. 55 , 238 S.W.3d 1 (2006), is a decision by the Arkansas Supreme Court in which the court unanimously overturned a state policy banning gay adults and their housemates from being foster parents .
Sexual orientation and gender identity protected under federal hate crime laws since 2009; Family rights; Recognition of relationships: Same-sex marriage legal nationwide since 2015 (Obergefell v. Hodges) Adoption: Equal adoption rights for same-sex couples in all states since 2016
Arkansas Proposed Initiative Act No. 1 (2008) is an initiated state statute that was approved on November 4, 2008, election in Arkansas.This measure makes it illegal for any individuals cohabiting outside of a valid marriage to adopt or provide foster care to minors.
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Arkansas Department of Human Services v. Cole is a case decided by the Arkansas Supreme Court concerning the adoption rights of unmarried couples. On April 7, 2011, the Arkansas Supreme Court unanimously struck down Arkansas Act 1, passed by voters two and a half years earlier.