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04/07/2011

Ark. high court: Believe it or not, 'the people' don't have right to ban at whim

by Jeremy Hooper

Another blow to the voters' "right" to stifle other' civil rights:

LITTLE ROCK, Ark. (AP) -- The Arkansas Supreme Court has upheld a decision to strike down a state law barring gay couples and other unmarried people living together from serving as adoptive or foster parents.
Ark. court strikes down law barring gay adoptions [AP via WGME]

State voters made the unfortunate choice to back the discriminatory measure in '08, rallied by local conservatives in retaliation against this very same state Supreme Court for opening the door to gay and lesbian fostering. So this is another instance of a court doing exactly what it should do: Holding in checking the people's will as it applies to the fair execution of law and policy.

So in short: Expect "activist judge" claims within the hour.

***

*UPDATE: The opinion:

Ark. Dep't of Human Servs. v. Cole

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