The case against Act One
Reading further on the ACLU lawsuit against the act that bars adoption and foster parenting by unmarried couples, I find a clear imperative -- it's about people, not the law, though the constitutional argument is compelling.
The ACLU portraits of plaintiffs speak eloquently about the unintended consequences of the state's latest exercise in gay bashing. And still more eloquently they testify that those ultimately damaged are children. In retrospect, the 57-43 passage of the law was a surprisingly small margin in a state where 70-plus is usually a given when the word homosexual is invoked. I think ACLU director Rita Sklar is right when she said voters simply were not fully educated. Exposure to the moving cases of the real people who've signed this lawsuit should be a good education. I hope the word gets around. Politically, it's an uphill climb, I know. But I don't think it's out of the question to talk about legislation to right this wrong, even if a two-thirds vote is required. Let the men and the women of the legislature face these worthy plaintiffs and tell them with their red buttons to go to hell.



Comments
I will preface my comments by saying that I voted against Act One because I am against micromanaging the adoption/fostering process when it should be left to the professional social workers. Curiously, my church didn't even bother voicing an opinion on this issue, although they have been sponsoring adoption fairs to promote adoption and fostering.
The time to educate the voters was before the election. The group opposing ACT 1 promised a legal challenge before the election, then it falled to deliver. After the fact, it's a disaster. The courts will be loathe to overrule the will of the people. Good luck with a campaign telling the people of Arkansas that they were too stupid to know what they were voting for.
Posted by: Severus
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December 31, 2008 10:34 AM
Didn't know what they were voting for? C'mon Rita. What about the slick ad campaign that aired on every channel ad naseum prior to election day and the even longer version that could be viewed online and was going to be played for churches and civic clubs across the state? It may not have educated people, but it definitely TOLD people to vote against Initiated Act One.
The voters knew what they were doing. There remains a minority of folks who just don't like it and who will now try to use the courts to usurp the will of the majority. They have even cherry-picked a sympathetic judge. If anything the legislature should try to ammend the new law by allowing family members, gay or otherwise, the first chance to care for an orphaned child and also by giving kids...especially teenagers...the right to refuse placement in a home with cohabitating adults.
Posted by: KnockKnock
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December 31, 2008 11:26 AM
Ammendment 14 to the US Constitution. (Part of the Bill of Rights)
1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
We have the right to due process. This has nothing to do with usurping the will of the majority. It has everything to do with Civil Rights. Mine, yours and the children affected.
Posted by: G
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December 31, 2008 12:50 PM
Speaking for my part of the State.. Rural with no AR television or radio stations available over the air or via my satellite. I never saw or heard a single news item or advertisement on this issue or any other candidate or issue related to my ballot this year.
Without AR blog or the internet in general I would have had no idea it was going to be on the ballot at all. And I would imagine this is true for far more citizens than many would like to believe... much less knowledge of what a yes or no vote would really mean.
Posted by: Eureka Springs, AR
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December 31, 2008 01:18 PM
If Rita really wants to have some fun, in light of ACT 1 passing, she should start a campaign for the repeal of the act prohibiting gay marriage/civil unions. Gays really should embrace the ACT 1 ruling and say that they agree that only married couples should be allowed to adopt/foster. Then they could argue for the repeal of the marriage/civil union ban so that they could "marry" for the benefit of "the children". Just think of the entertainment, arguing that allowing them to marry makes for a more stable home life for the children.
****
Eureka Springs - if what you say is true (i.e. that people had no idea what a yes/no vote would really mean), then why wasn't there a legal challenge? What happened to all of the money raised money to oppose this act? Did they spend all of the money on fancy dinners and meetings at bars?
Posted by: Severus
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December 31, 2008 01:54 PM