LITTLE ROCK—A conservative group has drafted a potential ballot item that would prohibit unmarried couples from adopting or fostering children in Arkansas, with the hope of effectively reinstating a ban on gay foster parents.

The Arkansas Family Council hopes to place the proposed act on the November 2008 ballot. It has submitted the proposal to Arkansas Attorney General Dustin McDaniel, who is reviewing the measure. The council this year pushed unsuccessfully for legislation that would have banned gay people from fostering or adopting children.

Legislation barring any unmarried couple from fostering or adopting children passed the Arkansas Senate but failed before the Arkansas House Judiciary Committee during this year’s session. Gov. Mike Beebe said earlier this year the measure—which was written by the council—had constitutional problems and did not offer equal protection to all people.

Rita Sklar, the state director of the American Civil Liberties Union, said broadening the ban beyond just gay couples doesn’t make it any less vulnerable to a constitutional challenge.