Legal Research

Before the November elections, Florida was the only state with a statute forbidding an otherwise eligible person from adopting if that person was a homosexual Fla. Stat. 63.042(3) (2008).  This despite the fact that Fla. Stat. 63.022(2) (2008) clearly states that it "is the intent of the Legislature that in every adoption, the best interest of the child should govern and be of foremost concern..."

In November, Arkansas joined Florida in denying children loving parents.  Act 1 additionally bars adoption by unmarried heterosexual couples, thereby skirting an earlier Arkansas Supreme Court decision striking down a regulation which barred homosexual couples from becoming foster parents.

Arkansas has made some curious choices.  A conviction for a major crime, say contributing to the delinquency of a minor, does not make you ineligible to adopt.  Neither does being single, and having a lot of casual sexual partners.  See this editorial in the New York Times  However, if you are in a committed relationship with a partner to whom you are not married, Arkansas automatically deems you unfit to adopt. Anita Bryant is to blame for Florida's ban on adoption by homosexuals, what's Arkansas' excuse?