Howard v. Arkansas
What's at Stake
The ÀÏ°ÄÃÅ¿ª½±½á¹û represented four prospective foster parents in a lawsuit that struck down a regulation banning gay people and people in households with gay family members from foster parenting.
Summary
After a seven-year court battle by the ÀÏ°ÄÃÅ¿ª½±½á¹û, the Arkansas Supreme Court struck down a state regulation that banned gay people and anyone living in a household with a gay adult from being foster parents. The court found that children are not harmed by living with gay or lesbian parents. The ÀÏ°ÄÃÅ¿ª½±½á¹û brought the lawsuit against the state in 1999 on behalf of four prospective foster parents. "Throughout the trial we presented a variety of experts who proved that the state's justifications for this ban were nothing but baseless myths about gay people," said Leslie Cooper, a staff attorney with the ÀÏ°ÄÃÅ¿ª½±½á¹û's Lesbian and Gay Rights Project.
Among the court's findings of fact:
- Being raised by gay parents doesn't increase the risk of psychological, behavioral, or academic problems for children.
- Children of lesbian and gay parents are just as well adjusted as children of straight parents.
- There is no factual basis for saying that heterosexual parents might be better able to guide children through adolescence than gay parents.
- There are no reasons that health, safety, or welfare of a foster child might be negatively impacted by living in a foster home where there is a gay person present.
- The blanket exclusion can hurt children by excluding a pool of effective foster parents.
Status: Victory! On June 29, 2006 the Arkansas Supreme Court upheld an earlier trial court decision overturning the ban.
Legal Documents
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12/29/2004
Howard v. Arkansas - Decision
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12/20/2004
Howard v. Arkansas - Post-Trial Brief
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12/16/2005
Howard v. CWARB - ÀÏ°ÄÃÅ¿ª½±½á¹û supplemental abstract & brief to AR Supreme Court
Date Filed: 12/16/2005
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11/17/2005
Howard v. Arkansas - State's Appeal Brief
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06/29/2006
Howard v. Child Welfare Agency Review Board - AR Supreme Court decision
Date Filed: 06/29/2006
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06/27/2006
Howard v. Arkansas - Friend-of-the-Court Briefs
Date Filed: 06/27/2006
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02/17/2006
Howard v. Arkansas - ÀÏ°ÄÃÅ¿ª½±½á¹û Reply Brief
Date Filed: 02/17/2006
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02/06/2006
Howard v. Arkansas - State's Reply Brief
Press Releases
Trial Concludes in ÀÏ°ÄÃÅ¿ª½±½á¹û Challenge to Arkansas Anti-Gay Foster Care Ban
ÀÏ°ÄÃÅ¿ª½±½á¹û Resumes Challenge to Arkansas Anti-Gay Foster Care Policy
Trial Begins in ÀÏ°ÄÃÅ¿ª½±½á¹û Lawsuit Challenging Arkansas Policy Preventing Gay People from Foster Parenting
Arkansas Court Asked to End Gay Foster Parenting Ban