LITTLE ROCK Attorney General Dustin McDaniel said Friday he's confident a proposed constitutional amendment to create a state-run lottery and an initiated act banning unmarried couples from fostering or adopting children could survive any court challenges.
McDaniel has not said whether he supports the proposed lottery backed by Lt. Gov. Bill Halter, but predicted Friday that it would be approved by voters this November.
"I think it will pass, probably easily. Every poll I've seen on it shows it's 65 percent or better," McDaniel told The Associated Press in an interview.
Opponents of the foster care and adoption act said they plan on filing a lawsuit if the measure is approved for the November ballot. Lottery opponents have said they're also considering such a challenge for the amendment, which has already been certified for the Nov. 4 election.
"My office worked very hard on approving the language of this amendment and making sure it was defensible and regardless of how I feel about it, if anyone files a lawsuit I'm confident we will successfully defend it and keep it on the ballot so the people have a right to vote on it," McDaniel said.
McDaniel later said he feels confident his office could also defend the foster care and adoption measure, which he's said he personally opposes.
McDaniel's office certified the language of both ballot measures, and lottery backers have submitted enough signatures to place it on the ballot. The Arkansas Family Council Action Committee has submitted petitions to the secretary of state's office in the hopes of putting the foster and adoption measure on the ballot.
The Family Council measure is aimed at effectively banning gays and lesbians from adopting or fostering children. Arkansas Families First, a group opposed to the initiated act, has said it plans a lawsuit if the proposal is approved for November's ballot.
Opponents of the lottery, which would fund college scholarships, have said they haven't ruled out challenging the proposed amendment in court, a move that Halter has said would be "anti-Democratic."
McDaniel has previously said he was concerned that the amendment would allow for the introduction of video lottery terminals similar to slot machines, but said he was reassured by Halter's opposition to such terminals. Details of how the lottery would be set up must be decided by the Legislature if it's approved by voters.
"I believe it will pass, and if and when it does pass I will certainly encourage the Legislature to adopt restrictive definitions," McDaniel said.
