Arkansas Act 1
Arkansas Proposed Initiative Act No. 1 is an initiated state statute that was approved on November 4, 2008 election in Arkansas. This measure makes it illegal for any individuals cohabiting outside of a valid marriage to adopt or provide foster care to minors. While the measure was proposed primarily to prohibit same-sex couples from being adoptive or foster parents, this measure also applies to all otherwise qualified couples who are not legally married.
On December 30, 2008, the ACLU filed suit in state court on behalf of 29 adults and children, challenging Act 1 as unconstitutional.
On April 16, 2010, the law was overturned by Circuit Court Judge Chris Piazza in the case Arkansas Department of Human Services v. Cole. The ruling was upheld unanimously by the Arkansas Supreme Court on April 7, 2011.Results