LITTLE ROCK, AR – The Arkansas Supreme Court is taking up Act One, a law that bans unmarried couples, who live together, from adopting or fostering children. The Family Council is defending the law while the ACLU says it infringes on people’s privacy rights, including same-sex couples.

Voters approved Act One in 2008, but Judge Chris Piazza ruled it unconstitutional last year. It’s being appealed to the State Supreme Court. Critics say 1600 kids waiting to be adopted are losing out because of this law.

Adoptive parents Stephanie Huffman and Wendy Rickman would like to expand their family but the law prohibits that.

“We were approved to adopt again before Act One came about. When that was passed, that took away our ability to adopt again,” says Wendy Rickman.

They and the ACLU are challenging the law in the Arkansas Supreme Court. From the court’s web stream, Family Council attorney Byron Babione says married couples are the best type of families for these kids.

“Those people who are mostly not willing to make a legal commitment to themselves to get married, you have to consider if they are willing to make a legal commitment to a child,’ says Byron Babione. “They look at it as this is something adults should be able to have and the people of Arkansas look at it as persons that should have the best home environments.”

ACLU attorney Gerrard Beeny disputes the Family Council’s research.

“These studies that look at averages do not create any evidence that Act One serves any child welfare purpose,” says Gerrard Beeny.

Both sides say there confident they’ll win, but if the outcome is not in their favor they’ll continue to fight.

The next step, judges will write an opinion and it should happen by June before they recess.

The Department of Human Services is accepting applications from co-habitating adults, but not placing children in those homes, yet. It’s waiting on the Supreme Court’s ruling.

Source: todaysthv.com