Dallas Voice: Anti-gay adoption measure victory in Arkansas could be trouble in Texas

FROM THE DALLAS VOICE:

Equality Texas executive director hopes more Democrats in state
House can help keep anti-gay legislation off the books

By John Wright - News Editor
Nov 6, 2008 - 9:09:37 PM

AUSTIN —After a constitutional amendment banning gay adoption passed easily in Arkansas on Tuesday, Nov. 4, the leader of Texas’ statewide LGBT equality group said he fears a similar proposal here in 2009.

But Paul Scott, executive director of Equality Texas, said he hopes the new, more Democratic makeup of the state Legislature would prevent an effort to ban gay adoption — as well as other potential anti-gay legislation — from gaining traction.

Voters in Arkansas on Tuesday passed a constitutional amendment banning unmarried couples living together from serving as adoptive or foster parents, by a margin of 57 percent to 43 percent, according to unofficial results. Arkansas became the fourth state with some form of ban on gay adoptive parents.

Gay adoption is viewed by some as an emerging culture war similar to same-sex marriage, and Scott said he fears the Arkansas constitutional amendment could embolden anti-LGBT forces in additional states.

“Our concern is, is this kind of the next wave of social conservatives’ efforts to get people out to the polls?” Scott said Wednesday. “It just really requires us to be vigilant. It’s been their modus operandi to get people engaged and to the polls. I think Texas is a different state than Arkansas, but I think this requires us to makes sure that we continue to do the work that we do, so it doesn’t happen here.”

Texas is arguably more progressive than Arkansas. The other states with bans on gay adoption are Florida, Mississippi and Utah.

Scott also noted that unlike Arkansas, Texas doesn’t have an initiative process for placing constitutional amendments on the ballot.

Therefore, a ban on gay adoption or foster parenting would have to start with the Legislature. For a constitutional amendment to be placed on the ballot in Texas, it requires a two-thirds majority vote in both the House and the Senate.

The Legislature could also pass a statutory ban on gay adoption or foster parenting with a simple majority in both chambers. According to Equality Texas, there have been unsuccessful attempts to do so in 1999, 2001, 2003 and 2005.

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