The ACLU has filed suit to overturn Act 1, an initiative approved by the people of Arkansas to ban non-married couples as either foster or adoptive parents. The ACLU is primarily protecting homosexual “rights” in this case. It is also attacking the power of the sovereign people to write the laws under which they live.
Some facts for this article, but none of the legal conclusions, come from an article on the website of the Edge in Massachusetts on 4 January, 2009. This is a pro-homosexual newspaper, citing research by a similar newspaper in Dallas, about a case the ACLU has filed in Arkansas. It is possible to read through the slant and find out the gist of the matter.
The interesting thing about this article is its focus on the human interest side of homosexual couples who want to adopt. It makes no mention whatsoever of any arguments in favor of such a law. It does not even mention the margin by which the initiative was approved.
The ACLU has filed suit to overturn Act 1, an initiative passed by the people of Arkansas in the November election. That new law bars unmarried couples of any kind, heterosexual or homosexual, from becoming adoptive or foster parents in Arkansas.
This law would specifically overturn an Arkansas Supreme Courts 2006 decision which overturned the states administrative ban on homosexual couples as foster parents.
First the facts: There is child abuse in families headed by a man and a woman who are married. However, experience has shown that abuse or even murder are less likely in such a household, than in a household headed by an unmarried couple. Every week brings more stories of children who are murdered by the “boy friend” of the mother, often while she is at work.
Stability among the adults in a household necessarily has a positive affect on children in that household. When one looks at addiction to alcohol or drugs, physical abuse between adults, or suicide, all such forms of adult instability are more likely to occur in a homosexual household, than a heterosexual one.
Establishing such facts from experts in the fields of family life and child care are a normal process in legislatures. The lawmakers then write laws to protect the lives and health of the citizens, especially of children. When courts take up the issue of homosexual “rights” they tend to ignore and reject without any examination any differences in child care between heterosexual and homosexual households.
But here, the law has been written by the people themselves, not by the legislature. The people are, as Thomas Jefferson wrote, “the only true repository” of sovereignty. Not legislatures, not courts, not Presidents or Governors, but the people themselves hold the ultimate power under the American system of government.
In Arkansas, now, the ACLU is asking the courts to throw out the decision of the people, and install the decision of the judges instead. They seek this not because the judges decision is better, or that courts have a right to throw out the will of the people. No, the ACLU is asking the court to do this because they want it, and they think the court can get away with it.
The sovereignty of the people is under attack in Arkansas for the same reason and on a similar issue as the ACLUs attack on Proposition 8 in California. Whenever such attacks succeed, the reality of a democratic republic at the national or state level, is diminished, once again.
Source of this story on the Net: