Arkansas Act 1, a ballot initiative passed in 2008, made it illegal for unmarried people who cohabit with a partner to adopt or foster children. The ACLU challenged Act 1 in state court in December 2008, charging the law violates the federal and state constitutional rights to equal protection and due process.
In April 2010, the state court found Act 1 unconstitutional, holding that the law casts an unreasonably broad net and did not "serve the State’s interest in determining what is in the best interest of the child." The judge also noted that he was troubled by the fact that the law targeted gay people. The state has appealed the case to the Arkansas Supreme Court.