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West Virginia Supreme Court Rules in Favor of Lesbian Moms

Blender Sara dropped this great news in the Blend in-box.  The WV Supreme Court has ruled that a foster child cannot be taken from her foster parents simply because they are lesbians.

A little background from last year:

Kutil and Hess wanted to formally adopt the baby once she became eligible, earlier this year.  The only problem was a court-appointed “child advocate” who didn’t like Kutil’s and Hess’s sexual orientation.

Neither did Fayette County Circuit Judge Paul Blake Jr., who ordered the child removed from the couple’s home on that basis alone.  Well thank heavens for a rational WVSC.

The [West Virginia Supreme Court] noted there was no reason to believe the girl wasn’t thriving with Hess and Kutil, and said there was no legal reason to take her away from the couple.

“As a matter of fact, the court was never presented with any actual evaluation of the home or evidence of the quality of the relationship” the girl had with Kutil and Hess, the justices said. “All indications thus far are that (the girl) has formed a close emotional bond and nurturing relationship with her foster parents, which can not be trivialized or ignored.”

The justices said Blake only ruled in favor of removing the child to promote placing her with a heterosexual couple.

“The conclusion itself represents a blurring of legal principles applicable to abuse and neglect and adoption,” the decision said. “Even if our current statutes, rules and regulations could somehow be read to support the adoption preference proposed by (Blake) such a newfound principle would need to be harmonized with established law.”

Instead, the court said either Hess or Kutil, as qualified foster parents, “would at the very least need to be considered if not favored in the selection of the prospective adoptive home.”

West Virginia doesn’t allow same-sex couples to adopt, but either of the women could adopt as an individual.

Fundie reaction much as expected.  From Family Policy Council of West Virginia:

“This court has placed the emotional desires of two adults above the best interests of the child as stipulated by state law,” President Jeremy Dys said in a statement. “Foster parenting is, by definition, a temporary arrangement with no guarantee or promise of adoption. Couples who do not qualify as adoptive parents should not expect to become adoptive parents.”

Suck on it, fellas.

But please, folks, don’t tell me that WV is vulnerable to a legislative or constitutional ban on adoption by gays.

CommunityMy FDL

West Virginia Supreme Court Rules in Favor of Lesbian Moms

Blender Sara dropped this great news in the Blend in-box.  The WV Supreme Court has ruled that a foster child cannot be taken from her foster parents simply because they are lesbians.

A little background from last year:

Kutil and Hess wanted to formally adopt the baby once she became eligible, earlier this year.  The only problem was a court-appointed “child advocate” who didn’t like Kutil’s and Hess’s sexual orientation.

Neither did Fayette County Circuit Judge Paul Blake Jr., who ordered the child removed from the couple’s home on that basis alone.  Well thank heavens for a rational WVSC. (more…)

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Laurel Ramseyer

Laurel Ramseyer

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