Arkansas Proposed Initiative Act No. 1

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Initiative Act 1
November 4, 2008
Unmarried Couple Adoption Ban
Results
Choice
 Votes %
Yes 586,248 57.07%
No 440,945 42.93%
Total votes 1,027,193 100.00%

For

  60–70%
  50–60%

Against

  50–60%

Arkansas Proposed Initiative Act No. 1 (2008) is an initiated state statute that was approved on November 4, 2008, election in Arkansas. This measure makes it illegal for any individuals cohabiting outside of a valid marriage to adopt or provide foster care to minors. While the measure was proposed primarily to prohibit same-sex couples from being adoptive or foster parents, this measure also applies to all otherwise qualified couples who are not legally married.[1]

The statute was a response to the June 2006 Arkansas Supreme Court case Howard vs. Arkansas, which overturned a ban on gay adults becoming foster parents. The Arkansas-based Family Council Action Committee lobbied for state legislatures to respond to the case for several years before petitioning to add Act 1 to the November 2008 ballot.[2]

On December 30, 2008, the ACLU filed suit in state court on behalf of 29 adults and children, challenging Act 1 as unconstitutional.[3]

On April 16, 2010, the law was overturned by Circuit Court Judge Chris Piazza in the case Arkansas Department of Human Services v. Cole.[4] His ruling was upheld unanimously by the Arkansas Supreme Court on April 7, 2011.[5]

Results

Arkansas Proposed Initiative Act No. 1 (2008)[6]
ChoiceVotes%
For586,24857.07
Against440,94542.93
Total1,027,193100.00
Valid votes1,027,19394.46
Invalid/blank votes60,2435.54
Total votes1,087,436100.00
Registered voters/turnout64.52

See also

References

  1. Attorney General OKs Second Gay Adoption Ban Archived 2007-11-23 at the Wayback Machine Times Record Online. Thursday, November 8, 2007
  2. Miller Rubin, Bonnie (December 3, 2008). "Arkansas adoption ban hits gay couples: Arkansas adoption ban passes despite shortage of homes for needy children". McClatchy-Tribune Business News.
  3. Arkansas: Adoption Law is Challenged New York Times Online. December 31, 2008
  4. State judge overturns Ark. adoption ban law
  5. State Supreme Court strikes down adoption ban Archived 2012-03-11 at the Wayback Machine
  6. "Statewide Results of Election (2008)". Archived from the original on October 1, 2008.