Judges oppose proposed foster, adoption ban

Associated Press

LITTLE ROCK — A collection of 13 retired judges, including three former chief justices of the Arkansas Supreme Court, said Monday they’re opposing a ballot measure aimed at banning gay and lesbian couples from becoming adoptive or foster parents.

Former Chief Justices W.H. “Dub” Arnold, Jack Holt Jr. and Bradley D. Jesson were among the retired judges who issued a statement Monday opposing a proposed initiated act that would ban unmarried couples from adopting children or becoming foster parents.

The judges said the proposal would limit their ability to choose the best home environment for children and said that child placement should be decided on a case-by-case basis.

“Any step, such as that proposed in Initiated Act No. 1, to limit further the options for stable homes for these children would do them grave injustice,” the statement said. “It is in the best interests of the children that Initiated Act No. 1 be defeated.

Aside from the chief justices, the statement was backed by three former associate justices of the court and four former state appeals court judges. The justices backing the statement include Tom Glaze, who recently retired from the court.

The proposed initiated act is a response to a 2006 state Supreme Court case striking down state policy banning gays and lesbian foster parents. State policy now bars unmarried couples living together from becoming foster parents, but there is no similar restriction on adoptions.

The foster care policy, which has been in effect since 2005, is now being reviewed by state officials and Gov. Mike Beebe has said it may need to be changed because of a lack of foster homes.

The Arkansas Family Council, the conservative group that has campaigned for the proposed initiated act, accused the judges of being influenced by a “small group of pro-homosexual organizations.” The council has said the measure is aimed at banning gays and lesbians from becoming foster or adoptive parents, though it would affect both heterosexual and homosexual couples.

“Following their line of logic would lead us to a point where we have no regulations whatsoever regarding adoption and foster care,” said Jerry Cox, the council’s president. “Following that logic, the judges and the social workers would decide the fate of every foster child and that’s not how we do things.”