LITTLE ROCK, Ark. (AP) - An Arkansas judge Wednesday declared unconstitutional a state ban on placing foster children in any household with a gay member.
Ruling in a case brought by the Arkansas chapter of the American Civil Liberties Union, Pulaski County Circuit Judge Timothy Fox said the state Child Welfare Agency Review board had overstepped its authority by trying to regulate "public morality."
At issue was a 1999 board regulation that said gays cannot become foster parents, and foster children cannot be placed in any home with a gay member under its roof.
Interestingly, Judge Fox rejected the ACLU's position that the ban violated the Equal Protection Clause, instead finding that board had exceeded its police powers in promulgating the regulation. Details here from the AP via FindLaw.com.