Saturday, July 1, 2006
Reply to Rick
Dear Rick,
Contrary to what you stated in your post, the Arkansas Supreme Court did not rule that it is improper for "the state" or "government" to regulate public morality. It ruled that the Child Welfare Agency Review Board was acting beyond its statutory mandate--it was acting ultra vires--in ruling on the basis of its moral opposition to homosexuality. The court did not suggest that the Arkansas legislature could not establish a foster-care rule based on its moral opposition to homosexuality. But in the court's judgment the Child Welfare Agency Review Board had usurped the legislative function; it acted beyond its statutory mandate, thereby violating the separation of powers (opined the court).
Happy Fourth of July.
Michael
https://mirrorofjustice.blogs.com/mirrorofjustice/2006/07/reply_to_rick.html