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View Diary: Breaking:  Adoption and Foster Care Ban Ruled Unconstitutional (146 comments)

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  •  he may be wrong on teh Federals, but what he did (0+ / 0-)

    is land on a very strong state doctrine of recent vintage which runs on the same track as the decision, one that does not require a discussion of LGBT at all. If he could do the job he thought had to be done under Arkansas law, why complicate it with Federal law? Leave that to the national organizations. He's an Arkansas judge and is deciding for Arkansans, under the document they passed and the decisions their courts made. And you gotta believe there are a lot of Arkansans in 'meretricious relationships', living in stable relationships without having visited either the clerk's office or a church. Many of them are kin to foster kids and the otherwise adoptable. I guess they don't have domestic partnership in Arkansas.

    In any event it is very often the case that state constitutions grant a different and greater group of rights and remedies than Federal law does. Something the states in that position and their courts take pride in.

    •  Not being intimately familiar w/ AR (0+ / 0-)

      con law, I don't have any reason to think he landed on a strong doctrine.  Rather, the absence of any precedent cited suggests he made pulled it out of his ass.

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