Thursday, April 7, 2011

The Missing Headline In Arkansas Supreme Court Gays Can Adopt Case

Despite the headlines I am seeing this has a much bigger impact than just on gay couples. That is now heterosexual non married couples can adopt or be foster parents. I have to read the opinion and think on all this. Until then The Volokh Conspiracy has an overview at Adoption and Foster Parenting by Unmarried Cohabitating Couples Who Have a Sexual Relationship . More to come in another post.

UPDATE!! Question!! Which might be answered after I read the opinion. Many Judges in Custody cases will make a provision that when a child is visiting the other parent the Boyfriend or girlfriend can not be sleeping over. Does this not sort of throw a monkeywrench as to those conditions?

"The Arkansas Constitution was interpreted in Jegley v. Picado (2002) as securing a right to privacy, included in which is protection of “private, consensual, noncommercial acts of sexual intimacy between adults.”

Logic would dicate that those conditions could not apply would they not? Can a boyfriend not just sleep over but a boyfriend "living with you" can? If Arkansas is like Louisiana these conditions were not so uncommon a few years ago.

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