activist judge denies the will of the people

Circuit Court Judge Timothy Fox rejected the state's claims that gay and lesbian adults are unsuitable parents.
"This case has presented us all with an excellent opportunity to replace ignorance with knowledge and to make an informed decision based on information as opposed to assumption," Fox wrote in his decision.
Fox further noted that being raised by gay or lesbian parents does not increase likelihood of psychological problems, nor does it endanger the health, welfare and safety of a foster child.
The state's 1999 policy was challenged by the American Civil Liberties Union on behalf of a lesbian, a gay couple and a straight man married for 31 years who was disqualified as a foster parent because he has a gay son who sometimes lives at his home.
"Throughout this case, the state has relied on ugly stereotypes to deny children in the Arkansas foster care system the chance of having the widest possible pool of foster families available to them," said Rita Sklar, executive director of the ACLU of Arkansas. "We’re very pleased that the court saw through these arguments and has recognized that gay and lesbian people can provide homes just as loving and stable as anyone else's."