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Legal news from Saturday, April 17, 2010 |
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Arkansas judge strikes down gay adoption ban
Bhargav Katikaneni on April 17, 2010 11:21 AM ET

[JURIST] An Arkansas judge ruled [opinion, PDF] Friday that a state law prohibiting all unmarried couples from adopting or fostering children violates the Arkansas Constitution [text, PDF]. Critics claimed that the Arkansas Adoption and Foster Care Act of 2008 [ACLU backgrounder], or Initiated Act I, was discriminatory because it prohibited all gay couples from adopting or fostering children as Arkansas does not recognize gay marriage. Judge Christopher Piazza of the Pulaski County Circuit Court [official website] agreed and said that while the the law, passed via ballot initiative, was valid under the federal Constitution, it violates the Arkansas state constitution:
Initiated Act 1 prohibits cohabiting same-sex couples and heterosexual couples from becoming foster or adoptive parents. It does not prohibit them from becoming foster or adoptive parents if they do not cohabitate. However, the act significantly burdens non-marital relationships and acts of sexual intimacy between adults and forces them to choose between becoming a parent and having any type of meaningful intimate relationship outside of the marriage. This infringes upon the fundamental right to privacy guaranteed to all citizens of Arkansas.
The American Civil Liberties Union (ACLU) [advocacy website], which brought the challenge against Initiated Act I, welcomed the ruling [press release], saying it would allow more children in Arkansas to be adopted or fostered.
The ballot measure was approved in November 2008 after being certified [JURIST reports] the previous August. The measure followed a 2006 Arkansas Supreme Court decision [text, PDF] that struck down an administrative regulation [JURIST report] specifically prohibiting homosexuals from rearing foster children. Reacting to that decision, then-governor Mike Huckabee suggested that such a ban be implemented through legislation [JURIST report]. Arkansas, like many states, has amended its constitution to prohibit the recognition of same-sex marriages [JURIST news archive].


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Former Blackwater executives indicted on weapons charges
Bhargav Katikaneni on April 17, 2010 10:05 AM ET

[JURIST] A federal grand jury on Friday indicted [press release] five former Blackwater [JURIST news archive] executives on charges of weapons violations and lying to criminal investigators. The 15-count indictment [LAT report] charges five former executives, including former president Gary Jackson, with giving away certain weapons to the King of Jordan to curry favor and then lying on federal forms about where the weapons went. The indictment also charges the executives with trying to hide weapons purchases by acting through an intermediary, avoiding regulations on the export of short-barreled rifles, and making false statements to investigators. Jackson and other Blackwater officials have said that federal officials knew of the weapons purchases [VOA report] for years but did nothing.
In February, the Iraqi government ordered approximately 250 former Blackwater employees to leave Iraq [JURIST report]. The government was reacting to a US federal court's December decision to dismiss charges against five former Blackwater employees accused of killing 17 innocent Iraqi civilians [JURIST reports] in 2007 because information against the defendants was obtained unconstitutionally. Earlier that month, the New York Times reported that the US Department of Justice [official website] is investigating [JURIST report] Blackwater, now known as Xe, to determine whether the company bribed the Iraqi government to allow Blackwater to continue operating in Iraq following the 2007 shootings. In January, Iraqi Prime Minister Nouri al-Maliki announced that Iraq will file lawsuits against Blackwater [JURIST reports] for the 2007 killings in both US and Iraqi courts. US Vice-President Joe Biden has said that the DOJ will appeal the dismissal [JURIST report]. Blackwater ceased operations in Baghdad [JURIST report] in May 2009 when its security contracts for the protection of US diplomats expired.


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