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Judge strikes down Arkansas law banning same-sex couples from adopting.

By Amanda Terkel on April 17, 2010 at 11:24 am

"Judge strikes down Arkansas law banning same-sex couples from adopting."

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Yesterday, a Circuit judge struck down a state law banning unmarried couples from adopting children or serving as foster parents. The measure amounted to a ban on adoption and foster parenting by same-sex couples, who are banned from legally marrying in Arkansas. “Due process and equal protection are not hollow words without substance,” said Judge Chris Piazza of Pulaski County Circuit Court. The Arkansas News reports:

Act 1, passed by voters in 2008, unconstitutionally burdens non-marital relationships and acts of sexual intimacy between adults by forcing them to choose between becoming a parent and having any meaningful type of intimate relationship outside of marriage, Circuit Judge Chris Piazza ruled in a lawsuit challenging the law.

“It infringes upon the fundamental right to privacy guaranteed to all citizens of Arkansas,” the judge ruled in the lawsuit filed by the ACLU.

Piazza also “sided with the ACLU in its argument that the ban reduced the pool of potential adoptive and foster parents to the point where many children could go without homes.”

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