A meaningless victory

Yesterday I wrote a post, as did some other blogs, about the
Arkansas Supreme Court striking down the ban on gays becoming foster parents.

It appears to be a limited victory at best.

Despite the Supreme Court’s ruling, cohabiting gay couples remain ineligible to become foster parents. The Child Welfare Agency Review Board replaced the previous ban on gay foster parents with a rule preventing unmarried couples from becoming foster parents. It took effect Feb. 17, 2005, after the rule barring gay foster parents was struck down by the 6th Judicial District Circuit Court in 2004. That policy banning unmarried couples remains in effect.
No policy bans single people from applying to be foster parents.

Yep, it's the old "but you're not married so you can't apply" rule. It'll be interesting to see what happens when a single gay or lesbian is a foster parent and then falls in love with a life partner and begins to "cohabitate". What is the state going to do? Yank the child from the family?

The Family Council, a Little Rock-based conservative education and research nonprofit group, plans to propose legislation to prevent gays from becoming foster parents in January when the 2007 Legislative session begins. The council filed a bill in 2005 that would have prohibited unmarried couples from adopting or from becoming foster parents. House Bill 1119 died in a Senate committee.

Other options include putting a initiated act or a constitutional amendment on a ballot for a statewide vote, but that could not happen until 2008, Cox said. The state should make a “purposeful and deliberate effort” to find more foster homes rather than creating a “lower standard” for foster homes by allowing gays to be foster parents, Cox said.

Most Arkansas state political candidates said Thursday that they disagreed with the court’s decision and think the Legislature should examine the issue.