ACLU Asks Court To Strike Down Arkansas Parenting Ban
Over A Dozen Families Affected By Act 1 Step Forward To File Lawsuit
LITTLE ROCK—The American Civil Liberties Union today filed a lawsuit seeking to strike down a new law that bans any unmarried person who lives with a partner from serving as an adoptive or foster parent in the state of Arkansas.
At a press conference at the Arkansas State Capitol this morning, several of the plaintiffs described how Act 1, which is set to go into effect on January 1, impacts their families and why they decided to be part of the case.
Stephanie Huffman, who already adopted one child from the state in
2004, was one of the plaintiffs who spoke at today's press conference.
Huffman and her partner of 10 years, Wendy Rickman, want to adopt
another child or a pair of siblings through the Department of Children
and Family Services, but now can't because of Act 1. "The state already
knows we're good enough parents that they placed one child with us
before Act 1 passed," said Huffman. "Who knows how many children are
now cut off by this law from loving homes?"
In the lawsuit filed today, the ACLU argues that Act 1 violates the
federal and state constitutional rights to equal protection and due
process. Participating in the case are 29 adults and children from over
a dozen different families, including a grandmother who lives with her
same-sex partner of nine years and is the only relative able and
willing to adopt her grandchild who is now in Arkansas state care,
several married heterosexual couples who have relatives or friends
disqualified by Act 1 who they want to adopt their children if they
die, and a heterosexual woman who wants to be a foster or adoptive
parent but can't because she lives with her partner of five years. The
complaint was filed this morning in Pulaski County Circuit Court.
"Ever since the election, we've been hearing from all corners of the
state from dozens of families who are panicking about how Act 1 impacts
them," said Rita Sklar, Executive Director of the ACLU of Arkansas.
"This law hurts families and children in many ways – it takes away
parents' right to decide for themselves who will adopt their children
if they die, it denies the many children in Arkansas state care a
chance at the largest possible pool of potential foster and adoptive
homes, and denies couples who are living together but unmarried the
chance to provide loving homes to children who desperately need them."
Among the plaintiffs and their families are:
Sheila Cole: Sheila lives in Tulsa, Oklahoma with Jennifer, her
partner of nine years. Sheila's adult daughter from an earlier
relationship had a baby girl in May of 2008 who was placed in the
Arkansas foster care system when she was two months old. Sheila wants
to adopt her granddaughter and is the relative best able to take in the
baby. Every week she makes a four-hour round trip to Bentonville for
two hours of visitation with her granddaughter. Sheila has taken foster
parenting classes with Oklahoma's DHS and has passed a home study. She
is now waiting for approval from Arkansas, but she's worried she might
not be approved to adopt her own granddaughter because of Act 1.
Stephanie Huffman and Wendy Rickman: Stephanie and Wendy have
been together for 10 years and are raising two sons together, one of
whom is a 7-year-old with special needs whom Stephanie adopted from the
state in 2004. Stephanie and Wendy want to adopt another child, or
perhaps a pair of siblings, but can't because of Act 1.
Frank Pennisi and Matt Harrison; Meredith and Benny Scroggin:
Frank and Matt have been together for eight years and live together in
Little Rock and would like to become foster or adoptive parents. Matt's
cousin, Meredith Scroggin, and her husband Benny want Frank and Matt to
be able to adopt their two daughters in the event of their
death.
Cary and Trina Kelley: Cary and his wife, Trina, have two young
daughters
and live across the road in Fayetteville from Cary's mother Vickie
Kelley and her partner Sophia Estes. Sophia and Vickie have been
together 16 years, and cumulatively have three children and six
grandchildren. If anything were to happen to Cary and Trina, who held
their wedding in Vickie and Sophia's backyard, they want Vickie and
Sophia to be able to adopt their children. Trina, Cary's wife, spent
many years of her childhood in state care and she feels very strongly
that children who need
homes shouldn't be cut off from loving relatives like Sophia and
Vickie.
Kaytee Wright: Kaytee Wright lives on a farm in Cabot with her
partner of five years, Alan Leveritt. Kaytee helps Alan raise his
eight-year-old daughter from his previous marriage, of whom he has
joint custody. Together she and Alan are also providing a home and
financial assistance to a mother and her two young children through a
Little Rock shelter for the working homeless. Kaytee was adopted from
state care when she was just four weeks old, and she feels very
strongly that good homes should be provided to children in the state
system. Kaytee would like to adopt a child but cannot because she and
Alan aren't married.
For a complete list of all the plaintiff families and more detailed profiles, please visit our site.
The plaintiffs are represented by Christine P. Sun, Rose Saxe, and
Leslie Cooper of the American Civil Liberties Union, Stacey Friedman,
Garrard Beeney, and Jennifer Sheinfeld of Sullivan & Cromwell LLP,
and Marie-Bernarde Miller and Daniel J. Beck of Williams & Anderson
PLC on behalf of the ACLU Foundation of Arkansas.
The case is Cole, et al. v. Arkansas, et al. For more information on the case, including today's complaint, visit ACLU Parenting
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