LITTLE ROCK, Ark. (KTHV) -- The Arkansas Supreme Court has upheld a decision to strike down a state law barring gay couples and other unmarried people living together from serving as adoptive or foster parents.
A controversial decision from Arkansas' high court Thursday, upholding a 2010 ruling that lifted the ban on unmarried couples , no matter sexual orientation, wishing to adopt in the state.
Now advocates for the act are calling it the worst decision ever made.
"We had expected justice, but the court gave us judicial tyranny," says Jerry Cox with the Family Council Action Committee.
In the 25-page opinion the Arkansas Supreme Court states:
"We affirm the circuit court's ruling that Act 1 is unconstitutional as a violation of fundamental privacy rights under the Arkansas constitution."
Cox argues the court's unanimous vote places adults' rights over childrens'. He says studies show the most dangerous place for a child to be is in a home with an unmarried heterosexual couple.
"The court stepped way over the line and became a policy making body rather than a judicial body," says Cox.
The attorney general's office defended the act, but now says the court has spoken and it will be up to the Department of Human Services to decide on rules in accordance with the decision.
DHS officials say the application process has already begun and as of now only have one application that meets the criteria of an unmarried couple.
"We're hoping that as the situation changes, more families that have been interested before will come forward," says Julie Munsell, spokesperson for DHS.
Munsell says the agency will hold off for an unlikely petition for reconsideration and after ten days will begin the matching process for qualified candidates and nearly 400 foster children.