Arkansas Man Challenging Judge Barring Partner At Home

Nov 7, 2013

The Arkansas Supreme Court

Attorneys for an Arkansas man whose gay partner is barred from visiting him overnight when his son is present say a judge is violating the constitution and past state Supreme Court rulings by imposing such a restriction.

Attorneys for John Moix on Thursday asked the Arkansas Supreme Court to overturn a Pulaski County judge's restrictions on his visitations with 12-year-old son, saying they violate his privacy rights.

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.

During oral arguments, Moix's attorneys said the restriction conflicts with the court's ruling in 2011 striking down a ban on unmarried couples adopting or fostering children.