Kudos to the Arkansas Supreme Court

Thursday’s decision from the Arkansas Supreme Court regarding that state’s adoption board policy excluding homosexuals from consideration is a major rebuke and hefty dose of common sense.  The justices thrashed the adoption board and hit them with a scathing decision that pointed out they didn’t even care about children when making the policy, that they made claims to support the decision that stood against all research on children growing up in homes with one or more homosexuals, and that they violated the state’s separation of powers by trying to legislate.  To wit:

Four residents sued, claiming discrimination and privacy violations against homosexuals who otherwise qualified as foster parents.

The justices agreed Thursday, saying the ban was “an attempt to legislate for the General Assembly with respect to public morality.”


“There is no correlation between the health, welfare and safety of foster children and the blanket exclusion of any individual who is a homosexual or who resides in a household with a homosexual,” Associate Justice Donald Corbin wrote in the opinion.


In addition, the court said, the testimony of a Child Welfare Agency Review Board member demonstrated that “the driving force between adoption of the regulations 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 court also said that being raised by homosexuals doesn’t cause academic problems or gender identity problems, as the state had argued.

That works.