Way To Go Arkansas

Yesterday the Arkansas Supreme Court ruled that the state’s child welfare board could not ban homosexuals from becoming foster parents. Department of Human Services And Child Welfare Agency Review Board v. Matthew Lee Howard, et al. (No. 05-814, June 29, 2006). The board instituted the ban in 1999. The court noted that “the driving force behind adoption of the regulation was not to promote the health, safety, and welfare of foster children but rather based upon the board’s views of morality and its bias against homosexuals.”

The battle in Arkansas is probably not over. The court’s decision rested upon the separation of powers doctrine. The board was essentially legislating, which it is not allowed to do.

The opinion is worth reading, especially the factual findings of the lower court. For example:

10. The defendants are aware of “homosexuals,” as defined, who have served
as foster parents in Arkansas (Stipulated Facts, #27).
11. The defendants are not aware of any child whose health, safety, and/or
welfare has been endangered by the fact that such child’s foster parent, or
other household member, was “homosexual”, as defined (Stipulated Facts,
#28).
12. The State has no statistics indicating that gays are more prone to violence
than heterosexuals or that gay households are more unhealthy than
heterosexual households (Stipulated Facts, #30).
13. Based on its foster care statistics the defendants do not know of any reason
that lesbians and gay men would be unsuitable to be foster parents (Stipulated
Facts #31).
. . . .
23. The blanket exclusion may be harmful to promoting children’s healthy
adjustment because it excludes a pool of effective foster parents.
. . . .
29. Being raised by gay parents does not increase the risk of problems in
adjustment for children.
30. Being raised by gay parents does not increase the risk of psychological
problems for children.
31. Being raised by gay parents does not increase the risk of behavioral
problems.
32. Being raised by gay parents does not prevent children from forming
healthy relationships with their peers or others.
33. Being raised by gay parents does not cause academic problems.
34. Being raised by gay parents does not cause gender identity problems.
. . . .
37. Children of lesbian or gay parents are equivalently adjusted to children of
heterosexual parents.
38. There is no factual basis for making the statement that heterosexual
parents might be better able to guide their children through adolescence than
gay parents.
39. There is no factual basis for making the statement that the sexual
orientation of a parent or foster parent can predict children’s adjustment.
40. There is no factual basis for making the statement that being raised by
lesbian or gay parents has a negative effect on children’s adjustment.
41. There is no reason in which the health, safety, or welfare of a foster child
might be negatively impacted by being placed with a heterosexual foster parent
who has an adult gay family member residing in that home.
. . . .
46. There is no evidence that gay people, as a group, are more likely to engage
in domestic violence than heterosexuals.
47. There is no evidence that gay people, as a group, are more likely to
sexually abuse children than heterosexuals

In response to the decision the Arkansas Family Council (ha!) said it would push for legislation to reimpose the ban and would consider campaigning for a constitutional amendment in 2008.

Bring it on!