Arkansas

Relationship Recognition Information

Statewide Relationship Recognition
no Licenses marriages for same-sex couples.
no Honors marriages of same-sex couples from other jurisdictions.
no Relationship recognition for same-sex couples: None.

  • 2004 The state’s Constitution is amended to say, “Marriage consists only of the union of one man and one woman. Legal status for unmarried persons which is identical or substantially similar to marital status shall not be valid or recognized in Arkansas, except that the legislature may recognize a common law marriage from another state between a man and a woman. The legislature has the power to determine the capacity of persons to marry, subject to this amendment, and the legal rights, obligations, privileges, and immunities of marriage.” See Arkansas Constitution Amendment 83 § 1 .
  • 1997 Arkansas prohibits marriage between same-sex couples by statute. See Arkansas Code § 9-11-109.

Employment Information

Statewide Employment Protections
no Private employment protections based on sexual orientation.
no Private employment protections based on gender identity.
no Public (state) employment protections based on sexual orientation.
no Public (state) employment protections based on gender identity.

Parenting Information

Statewide Parenting Laws
Who May Adopt Any unmarried adult; married persons must petition jointly unless excused by court. Ark. Stat. §9-9-204.
Second Parent Adoptions Not yet permitted.
Notes Case law reveals hostility to gay parents. See Larson v. Larson, 902 S.W.2d 254 (App. 1995)

Cases

Department of Human Services v. Howard
(Amicus) Case arguing against ban on any person who engages in same-sex sodomy from becoming a foster parent

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