DEPARTMENT OF HUMAN SERVICES AND CHILD WELFARE AGENCY REVIEW BOARD, Appellants,
v.
Matthew Lee HOWARD, Craig Stoopes, Anne Shelley, and William Wagner, Appellees.
Supreme Court of Arkansas.https://leagle.com/images/logo.png
June 29, 2006.
June 29, 2006.
Attorney(s) appearing for the Case
Arkansas Dep't of Health and Human Services, by: Kathy L. Hall, Little Rock, AR, for appellants/cross-appellees.
Mitchell, Blackstock, Barnes, Wagoner, Ivers & Sneddon, by: David Ivers, Little Rock, AR; and American Civil Liberties Union Foundation, by: Leslie Cooper and James D. Esseks, New York, NY; and ACLU of Arkansas, by: Griffin J. Stockley, Little Rock, AR, for appellees/cross-appellants.
Family Council, by: Martha Adcock, Little Rock, AR, and Alliance Defense Fund, by: Benjamin W. Bull, Glen Lavy, Chris Stovall, Randall Wenger, and Dale Schowengerdt, Scottsdale, AZ, for amici curiae, Family Research Council and Family Council.
Logan Scott Stafford, and Wilmer, Cutler, Pickering, Hale, and Dorr, LLP, by: Stuart F. Delery, Little Rock, AR, for amici curiae, The Child Welfare League of America, The Evan B. Donaldson Adoption Institute, and Arkansas Advocates for Children & Families.
Brad Hendricks Law Firm, by: George R. Wise, Jr., Little Rock, AR, and Jenner & Block LLP, by: Paul M. Smith and William M. Hohengarten, Washington, DC, for amici curiae, American Psychological Association, Arkansas Psychological Association, National Association of Social Workers, and National Association of Social Workers.
Steele Hayes, Conway, AR; Rutgers School of Law — Newark, by: Suzanne B. Goldberg, Newark, NJ; and Wright Lindsey & Jennings, LLP, by: Isaac A. Scott, Jr., and Troy A. Price, Little Rock, AR, for amici curiae, Arkansas Affiliate Office of the National Conference for Community and Justice, Bishop Larry E. Maze, Professor John M.A. DiPippa, and Professor Adjoa A. Aiyetoro.
Lambda Legal Defense and Education Fund, by: Susan L. Sommer, New York, NY, and Kenneth D. Upton, Jr., Dallas, TX; and Sullivan Law Firm, P.A., by: Gary L. Sullivan, Little Rock, AR, for amici curiae, Lambda Legal Defense and Education Fund, Inc.; Children of Lesbians and Gays Everywhere; Family Pride; Human Rights Campaign; Human Rights Campaign Foundation; National Gay & Lesbian Task Force; Parents, Families & Friends of Lesbians & Gays; and Stonewall Democratic Club of Arkansas.
Supreme Court of Arkansas.
DONALD L. CORBIN, Justice.
Appellants/Cross-Appellees Department of Human Services and Child Welfare Agency Review Board appeal the judgment and order of the Pulaski County Circuit Court ruling that Section 200.3.2 of the Minimum Licensing Standards for Child Welfare Agencies ("Regulation 200.3.2") violated the separation-of-powers doctrine and, thus, was unconstitutional. Appellees/Cross-Appellants Matthew Lee Howard, Craig Stoopes, Anne Shelley, and William Wagner...
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