Source: Arkansas Business, US News and World Report, Morning News, Arkansas Leader
Voters in Arkansas passed a law Tuesday that bans unmarried couples living together from serving as adoptive or foster parents.

The adoption and foster ban, aimed primarily at keeping gay men and lesbians from becoming foster or adoptive parents, received support from 56.5-percent of voters in unofficial returns.

Related in Qnews: Culture warriors will battle against the 'best interest of children' in Florida adoption case 30-Nov-08

The measure, called Initiated Act 1, grew out of a 2006 Arkansas Supreme Court decision that struck down a state policy banning gay foster parents. A push to enact a ban similar to the ballot measure during the last legislative session failed, according to the Morning News.

The measure's sponsor, the Arkansas Family Council, tried to paint the campaign as a battle against a "gay agenda." The right-wing group successfully pushed for an amendment banning same-sex marriage four years ago.

"I think the voters realized that this was about child welfare, rather than the rights of adults," said Jerry Cox, the council's president.

Opponents of the measure argued it would make it harder for the state to find the foster parents it needs to take care of children. Gov. Mike Beebe, who had originally said he supported a foster-care restriction, changed his mind and said an open policy was needed because of a lack of foster homes, Morning News reports.

"The biggest thing to take away tonight is that the children in the foster-care system were dealt a pretty serious blow tonight," said Brett Kincaid, director of the campaign that opposed the measure.

Voters across the state supported the ban which passed with significant majorities in all counties, Arkansas Business reports:

• Benton County: 59.1 percent voted for; 40.8 percent against
• Carroll: 55.6 percent voted for; 44.4 percent against
• Crawford: 62.2 percent voted for; 37.8 percent against
• Madison: 61.4 percent voted for; 38.6 percent against
• Sebastian: 59.2 percent voted for; 40.7 percent against
• Washington County: 65.8 percent voted for; 32.7 percent against

Although the Arkansas measure got less attention than marriage equality bans that were on the ballots in Florida, Arizona, and especially California, many see it as the next step on the right-wing anti-gay agenda.

It's a particularly emotional issue, where both sides say the quality of children's lives is at risk. Advocates of gay adoption, joined by child welfare groups and the American Academy of Pediatrics, argue that it's a moral imperative to provide more of the nation's 500,000 foster care kids with stable homes, US News reports.

Gay individuals have an easier time adopting because most courts treat the issue differently for singles versus couples. But in 22 states, it's unclear whether the second person in a gay couple can also adopt his or her partner's adopted or biological child. This can leave children without some key legal protections. "Adoption gives the child two legal parents, two people who have to support the child, two people that the child can inherit from. If the parent dies, the child can get security from either," says Jennifer Fairfax, a Maryland-based adoption attorney.

No credible evidence shows that having gay parents harms children, they say, and a ban only prevents judges from taking the child's best interests into account. But opponents argue that it's in every child's best interest to have both a mother and a father. Allowing gay couples to adopt is also seen by many conservatives as an unacceptable step closer to allowing same-sex marriage, US News reported in an October feature on the issue.

If the contours of the debate are straightforward, adoption laws themselves often are not, US News reports. Arkansas becomes the fourth state with laws that effectively ban gay couples from adopting, 12 others allow same-sex couples to adopt. That leaves 35 states where gay couples can't be sure how likely it is that an adoption petition might pass.

Source: Northwest Arkansas Voter Turnout Averaged 70 Percent | Arkansas Business 
Voters Pass Lottery, Support Adoption Ban | Morning News
All ballot initiatives pass | Arkansas Leader
Emerging Gay Adoption Fight Shares Battle Lines of Same-Sex Marriage Debate | US News

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