The Arkansas Supreme Court has been asked by the American Civil Liberties Union to uphold a lower court decision that said state officials improperly banned homosexuals from serving as foster parents.
In papers submitted to the court Monday, the organization asked justices to uphold a ruling last year by Pulaski County Circuit Judge Tim Fox that said such a ban was unconstitutional. Fox ruled the Child Welfare Agency Review Board did not have authority from the legislature to craft the policy, which Fox said was based on the board's sense of public morality. Fox also said testimony did not prove gay foster parents posed a hazard to the children.
The ACLU said it was joined by an array of child advocacy organizations, including the Child Welfare League of America and the American Psychological Association.
"This anti-gay foster parenting ban goes against the recommendation of every major children's health and welfare organization in the country," said Rita Sklar, executive director of the ACLU in Arkansas. "These experts all understand all too well how this policy hurts the many children in Arkansas in need of safe, stable homes."
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