From our private database of 14,100+ case briefs...
Arkansas Department of Human Services v. Cole
Supreme Court of Arkansas
380 S.W.3d 429 (2011)
In 2008, the citizens of Arkansas passed a ballot initiative called the Arkansas Adoption and Foster Care Act of 2008 (the Act). The Act prohibited unmarried individuals who were cohabitating from fostering or adopting children. Sheila Cole (plaintiff) challenged the Act as unconstitutional. Cole asserted that the Act violated the Due Process Clause of the Fourteenth Amendment, which prohibits states from depriving citizens of life, liberty, or property by means that are arbitrary or fundamentally unfair. Cole also asserted that the Act burdened her right to participate in an intimate relationship in the privacy of her own home. The Arkansas Department of Human Services (DHS) (defendant) argued that adopting and fostering children are privileges offered by the state, not rights. DHS further argued that it was in the best interests of the children of Arkansas to be raised in stable homes and that unmarried cohabitation does not offer the stability that marriage does. The circuit court ruled in favor of Cole, finding the Act to be unconstitutional. The DHS appealed the decision.
Rule of Law
Holding and Reasoning (Brown, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 217,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,100 briefs, keyed to 189 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.