The Arkansas Libertarian Party (ARLP) will celebrate the day when all Arkansans, regardless of race, gender, or sexual orientation, are able to enjoy full protection of their rights. Pulaski County Circuit Court Judge Chris Piazza has brought us closer to this day with a historic ruling.
The ARLP fully supports Piazza’s decision to overturn Arkansas’ Unmarried Couple Adoption Ban (AUCAB) as it infringes on the right of privacy and is therefore unconstitutional.
The ARLP also supports the decision by the Arkansas Department of Human Services to accept applications from unmarried couples who had previously been banned from serving as foster or adoptive parents.
The AUCAB was clearly aimed at a certain demographic of people who wish to adopt. The law effectively banned gays and lesbians from adopting or fostering children because they are unable to legally marry in Arkansas. A law that discriminates in this way is clearly unconstitutional, regardless of how many people voted to pass the law.
Thankfully we live in a constitutional republic and not in a democracy. As Thomas Jefferson said, “A democracy is nothing more than mob rule, where 51 percent of the people may take away the rights of the other 49.” Our founders were very specific in the form of government they secured for us. The words democracy or democratic are found nowhere in the U.S. Constitution. Article IV, Section 4 says, “The United States shall guarantee to every State in this Union a Republican Form of Government…”
We applaud Judge Piazza’s recognition that a mob-rule vote cannot infringe on the rights of a specific group.
Opening a door to allow more children the opportunity to live with loving, caring parents is a win-win for the LGBT community and the 1,600 children who are waiting to be adopted in Arkansas. We hope that this decision will help further the cause of liberty and true freedom for all citizens of this great state.