Arkansas Act 1

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Arkansas Proposed Initiative Act No. 1 (2008) 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.[1]

On December 30, 2008, the ACLU filed suit in state court on behalf of 29 adults and children, challenging Act 1 as unconstitutional.[2]

On April 16, 2010, the law was overturned by Circuit Court Judge Chris Piazza in the case Arkansas Department of Human Services v. Cole.[3] The ruling was upheld unanimously by the Arkansas Supreme Court on April 7, 2011.[4]


Arkansas Proposed Initiative Act No. 1 (2008)[5]
Choice Votes %
Referendum passed Yes 586,248 57.07
No 440,945 42.93
Invalid or blank votes 60,243 5.5
Total votes 1,087,436 100.00

See also[edit]

External links[edit]


  1. ^ Attorney General OKs Second Gay Adoption Ban Times Record Online. Thursday, November 8, 2007
  2. ^ Arkansas: Adoption Law is Challenged New York Times Online. December 31, 2008
  3. ^ State judge overturns Ark. adoption ban law
  4. ^ State Supreme Court strikes down adoption ban Archived 2012-03-11 at the Wayback Machine
  5. ^ "Statewide Results of Election (2008)".