Arkansas Law Review

In light of the upcoming symposium on Arkansas’s Initiated Act 1, the prohibition on unmarried couples serving as adoptive or foster parents, the Arkansas Law Review thought it pertinent to provide an update on the suit challenging Act 1 and the parties to that suit.

In December of 2008, the ACLU filed suit on behalf of several plaintiffs challenging Act 1 in the Pulaski County Circuit Court.  The plaintiffs include: Sheila Cole, a woman living with her same-sex partner in Oklahoma who fears that Act 1 will prevent her from obtaining custody of her granddaughter who is in state custody; Stephanie Huffman and Wendy Rickman, a same-sex couple that has successfully adopted a child in the past but will now be unable to do so again because of Act 1; Frank Pennisi and Matt Harrison, a same-sex couple that would like to serve as foster or adoptive parents but cannot because of Act 1; Meredith and Benny Scroggin, a married couple and parents of two who have designated Mr. Pennisi and Mr. Harrison to care for their children in the event of their death or incapacity; Susan Duell-Mitchell and Chris Mitchell, another married couple that has designated a same-sex couple to care for their children if necessary; Teresa May, a woman living in South Carolina who has named her mother and her mother’s same-sex partner to care for her children should anything happen to her; and Curtis Chatham and Shane Frazier, a same-sex couple that began the adoption process of a twelve-year old child but will now be unable to adopt.

Since that time, the plaintiffs survived a motion challenging their standing to sue, but the defendants have entirely changed.  Initially, the plaintiffs sued the State of Arkansas and the Arkansas Attorney General.  These parties were dismissed from the suit in April of this year, and several agencies of the State of Arkansas, including the Department of Human Services and the Child Welfare Board, were substituted.  In addition, the Family Council Action Committee and Jerry Cox intervened as defendants.  The FCAC and Mr. Cox, its head, were the chief sponsors of Act 1.

Discovery was scheduled to be completed by the beginning of this month.  After that deadline had passed, the plaintiffs filed a second amended complaint.  Assuming everything goes as scheduled, a summary-judgment hearing is scheduled for January of 2010, and the trial, if necessary, will take place in February and March.  The Pulaski County Circuit Clerk very helpfully has all of the filings for this case online.  To access those materials, go to http://www.pulaskiclerk.com/AllDocket_EntriesCV.asp?CaseNumber=CV2008014284 and click on the link labeled “View Images” near the top of the screen.