by Max Brantley
A New York Times editorialist has taken note of Judge Chris Piazza's ruling invalidating the "cruel and heartless" initiated Act 1, aimed primarily at preventing gay people from building families.
Judge Chris Piazza was right that the ban cast “an unreasonably broad net” and made it harder for the state to do “what is in the best interest of the child.”
He was also right to be troubled that “one politically unpopular group” had been “specifically targeted for exclusion by the act.” Still we are concerned by his — gratuitous and erroneous — conclusion that the law violated only state constitutional standards and not federal constitutional guarantees of due process, privacy and equal protection.
What is most important is the ruling’s recognition of Act 1’s discriminatory and unwarranted disqualification of potential parents, no matter how prepared and eager they are to give children a good home. That sound bottom line should survive any appeal.
By the way, the Arkansas Leader carried a fine and thorough examination of this ruling, too.