Lesbian couple fights to keep baby

[davidinalameda]

http://www.dailymail.com/News/statenews/200812110243

CHARLESTON, W.Va. -- The state Supreme Court will hear arguments in the case of a same-sex couple in Fayette County fighting a judge's order that the baby girl they've been raising since birth should be removed from their home and placed in one with a married man and woman.

Kathyrn Kutil and Cheryl Hess argue that Fayette Circuit Judge Paul Blake exceeded his authority and violated their constitutional rights by ordering that the 11-month-old be immediately transitioned into a "traditional" home.

They say the judge has effectively excluded them as potential adoptive parents of the child simply because of their sexual orientation.

The couple also contend that the state Department of Health and Human Resources - while initially supporting their adoption of the infant - changed course in a later hearing and advocated that the child be removed because there was one too many children already living in the couple's Oak Hill home.

[FreeState]

1. revolting - no one should have to fight for their family n/t

[Lerkfish]

2. ok, that's IT! I'm tired of the persecution of same-sex couples!

we just had a situation where CPS put children BACK INTO and abusive family and the father killed almost all the kids, but hey! he was HETERO so its ok~!


this makes me so mad. As if you have to have a specific orientation to be able to love a child.

grrrrrrrrrrr.

[greeneyedboy]

3. unbelievable. hope the SCOWV does the right thing, and fast. n/t

[Zuiderelle]

4. I'm so sick of this. Taking a baby away from her loving parents. Why?

There is no reason but hatred. Hatred for those women and most obviously, hatred for that child. How dare they try to destroy that child's life by taking her away from her parents. This makes me furious.

[Ioo]

5. Living in WV I will say, I would not bet on these ladies :(

Sorry, most of this state is so fucking ass backwards. If it were Jefferson or Brekly Co, I would say they had a chance, but not in the middles of the state.

[davidinalameda]

8. it's gone to the state supreme court

so hopefully they'll rule for the couple

and the court did grant a stay on the circuit judge's ruling so that's a positive

[Rhythm]

12. It's the State SC, so there's a good chance that they'll do the right thing...

In 2005, the WVSC granted custody of a child to the partner of the child's deceased bio-mom, overturning a circuit court decision that had given custody of the boy to the deceased woman's parents.
http://www.lawyershop.com/2005/07/22/west-virginia-court-grants-custody-of-child-to-deceased-mothers-lesbian-partner/
Burch v. Smarr was a pretty groundbreaking precedent here, and though that decision doesn't guarantee anything in this particular case, it does show that the WVSC is far more reasonable and progressive-thinking than the circuit courts.

[2Design]

6. these people are dirt n/t

[bluedawg12]

7. The Courts are to consider the best interest of the child, and this couple provided a good home

it seems that a judge's pet prejudices trump the child's best interest.

[lightningandsnow]

9. That's terrible.

I hate people sometimes.

:cry:

[bluedawg12]

10. Yeah, gay rights just a "single issue" liberal POV.

The issue of parental rights.
The issue of marriage rights.
The issue of inheritance right.
The issue of property rights.
The issue of health care rights.
The issue of freedom to work without discrimination, rights.
The freedom from violence rights.
The freedom from hate speech rights.

Yup, just a single life encompassing issue, that's all it is. :grr:

[bluedawg12]

11. Someday headlines will read: Lesbian couple honored for raising

children and being great parents.

I hope to live that long.