The Arkansas Department of Human Services and John M. Selig

Summary

The court affirmed the judgment declaring Act 1 unconstitutional under the Arkansas Constitution because its categorical exclusion of sexually cohabiting adults from adoption and foster-parent eligibility directly and substantially burdened the fundamental right to private, consensual sexual intimacy. Applying heightened scrutiny, the court held that the blanket prohibition was not narrowly tailored or the least restrictive means of protecting children's welfare because individualized screening already addressed suitability concerns. The appellees' cross-appeal was dismissed as moot because the court's privacy ruling resolved the case without reaching the remaining constitutional claims.