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Arkansas Department of Human Services v. Cole

Supreme Court of Arkansas

380 S.W.3d 429 (2011)

Relevant factsFree

A ballot initiative categorically barred unmarried cohabitating individuals from fostering or adopting children in Arkansas; Cole (plaintiff) challenged the law as unconstitutionally burdening her right to intimate relationships in her own home, and DHS (defendant) defended it as a reasonable child-welfare measure premised on marriage providing greater household stability than cohabitation.

IssueFree

Whether a state statute that prohibits unmarried cohabitants from fostering or adopting children is constitutional.

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