Eugene Volokh: Adoption and Foster Parenting by Unmarried Cohabitating Couples Who Have a Sexual Relationship

Eugene Volokh comments on today’s Arkansas ruling at the Volokh Conspiracy: The Arkansas Constitution was interpreted in Jegley v. Picado (2002) as securing a right to privacy, included in which is protection of “private, consensual, noncommercial acts of sexual intimacy between adults.” . . . The analysis strikes me as correct, given the recognition of a couple’s sexual intimacy as a constitutional right.