F'losrix
Joined: 17 Nov 2004
Posts: 7977
Location: Michigan, Washtenaw County
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| Posted: Fri Nov 04, 2005 1:16 pm Post subject: Judicial activism in Missouri |
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See this article: Missouri Gay Adoption Ban Challenged
The upshot is that a judge in Missouri has upheld a decision by Missouri's DSS to deny the application of a couple that it otherwise agreed was exceptionally qualified to become foster parents soley on the basis of their being lesbian. Quoting from the article:
"Lisa Johnson and her partner Dawn Roginski are university educated, highly regarded in Missouri and even though the the state acknowledges that they are "exceptionally qualified" to be foster parents it refuses to allow them to foster because of "an unwritten rule" barring them because they are gay."
AND
"The decision was based in part on a Missouri law banning sexual intimacy between same-sex couples that the ACLU argues was rendered unconstitutional by the U.S. Supreme Court in Lawrence v. Texas."
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"Under Missouri law, every potential foster parent is already required to undergo strict screening before being qualified as foster parents. Ironically, the couple is far more qualified than most foster care applicants, said the ACLU."
So, Missouri apparently has no law saying that gay couples are banned outright from being foster parents, but the judge decided to apply the state's voided sodomy law to the case to arrive at the decision to deny them?
So much for the 'rule of law'. |
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