| Updated: 4/08/2011 9:28 am |
Published: 4/07/2011 9:22 am |
LITTLE ROCK, AR - The Arkansas Supreme Court throws out a law banning adoption by homosexual couples. The unanimous ruling upholds a lower court decision that found the law illegally invaded an individual's right to privacy.
This decision clears the way for gay and lesbian couples to adopt children again in Arkansas. A decision the Arkansas Family Council, a conservative group, calls the worst in the history of the supreme court.
Plaintiff's in the case and the members of the American Civil Liberties Union celebrate on the steps of the capitol the overturning of Act 1 on Thursday afternoon. The law that kept unmarried couples like Frank Pennisi and Matt Harrison of Little Rock from adopting.
"We hoped for it, we hoped for it for a long time,” Pennisi says. “It's been a hard road, a painful couple of years for us."
After collecting petitions, Arkansas family council successfully passed the adoption ban in 2008 with 57% of voters supporting it.
"What's sad is, the people spoke loud and clear and the court silenced that voice,” Cox says.
The state's high court today striking the law down, saying it unfairly interferes on an adults right to privacy and doesn't serve the best interests of children.
"Across ideologies, whether it was a conservative judge or a liberal judge, everyone agreed that this law was unconstitutional," Pennisi says.
But Cox thinks the high court overstepped its authority.
"The Arkansas Supreme Court put the rights of adults way ahead of the welfare of children," Cox says.
"I don't think that's true at all,” Pennisi says. "It's the exact opposite,” Harrison added. “Limiting the amount of loving couples that can adopt is really hurting the children in this state."
And with Act 1 gone, unmarried couples in Arkansas can once again adopt children in need of a home.
Pennisi and Harrison say the ruling is important for their family members too who want to write them into their wills to take care of their kids. Now they can.
They added they were about ready to adopt when the law was passed by voters in 2008. Now they're ready to start that process again.
Arkansas Family Council says it has two options. Cox says it will consider trying to pass a constitutional amendment or a law through the legislature but says the legal battle for this case is now over.
