Arkansas Man Challenging Judge Barring Partner At Home

Nov 7, 2013

The state Supreme Court is hearing an Arkansas man's challenge to a judge's ruling that prohibits the man's same-sex partner from being present when his son visits him at home overnight.

Justices on Thursday are scheduled to hear oral arguments in John Moix's challenge to a Pulaski County judge's order placing restrictions on his visitations with his 12-year-old son. The judge ruled that Moix's partner cannot be present at his home when his son is visiting overnight, citing a policy of prohibiting unmarried cohabitation in the presence of a child.

Moix is arguing that the restriction violates his constitutional rights since same-sex marriage is banned in Arkansas. He also argues it conflicts with the court's ruling in 2011 striking down a ban on unmarried couples adopting or fostering children.