Judge rules that challenge to ban on unmarried adoption, fostering can proceed
A legal challenge to an Arkansas law banning unmarried couples from adopting or fostering children can move to trial, a judge ruled Tuesday.
Pulaski County Circuit Judge Chris Piazza told lawyers he remained especially interested in arguments that the voter-approved ban violated the U.S. Constitution's equal protection clause. That clause, created immediately after the Civil War to protect freed slaves, now could affect whether the ban put in place to stop gays from serving as foster parents can remain in place.
"I think it's your strongest issue in this case," Piazza said.
The Arkansas chapter of the American Civil Liberties Union filed the lawsuit on behalf of more than a dozen families seeking to overturn the ban. The suit argues that stopping unmarried couples from adopting violates their rights.
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