LITTLE ROCK, Ark. (AP) – A conservative group that campaigned for a new Arkansas law banning unmarried couples from serving as adoptive or foster parents shouldn’t take part in a lawsuit challenging it, those suing to overturn the law said Feb. 5.

A court filing by the Arkansas chapter of the American Civil Liberties Union claims that the Arkansas Family Council has no legal grounds to enter the suit in Pulaski County Circuit Court. The Family Council, which collected signatures to put the measure before voters in November, previously had told the court that Attorney General McDaniel couldn’t be trusted to adequately defend the law as he had opposed the ballot measure.

In the filing to Circuit Judge Chris Piazza, the ACLU said McDaniel and state lawyers have a legal obligation to defend the new law, even if he and Gov. Mike Beebe opposed the measure during the election.

“Any unique interest that (the council) had as sponsors of the bill expired when the law was passed,” the filing reads. “Now their alleged interest as a political action committee are no different than those of the multitude of other groups and persons who also expended time, money and their reputation in the campaign.”

The council also said it would have made different arguments in defending the new law from the ACLU lawsuit. In its response, the ACLU argued that both the Family Council and the attorney general’s office had the same goal – defending the legality of the ban.

“Litigating an interest differently does not equate to litigating it inadequately,” the filing reads.

McDaniel has said he has no plans to step aside from the case. Matt DeCample, a spokesman for Beebe, has said the governor is confident that McDaniel will properly defend the new law.

The ACLU chapter sued the state on behalf of more than a dozen families seeking to overturn the law which went into effect Jan. 1. In the suit, the families argue that the act’s language was misleading to voters and that it violates their constitutional rights.

A court hearing has yet to be scheduled for the suit.