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Same-Sex Couple Adoption Case Before WV Supreme Court
Posted Wednesday, March 11, 2009 ; 06:28 PM | View Comments | Post Comment
Updated Wednesday, March 11, 2009 ; 07:32 PM


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Lesbian couple challenges ruling by a Fayette County judge.

Story by Sara Gavin


CHARLESTON -- Adoption rights for same-sex couples take center stage inside the state supreme court.

Justices heard arguments Wednesday in the case of Kathryn Kutil and Cheryl Hess who are challenging a November ruling by Fayette County Judge Paul Blake that ordered a baby girl be taken from their care and placed with a heterosexual couple that might be able to adopt her.

Under state law, only a married husband and wife or a single person can be legal parents.

"If we're supposed to do what is in the best interest of this child, then she deserves to have a legal mother and legal father. That's what's wrong with this situation," argued Thomas Fast, who serves as the child's legal advocate.

"Are you suggesting that it's in the best interest of this child to rip her out of the only home she's ever known for now almost two years?" questioned Justice Robin Jean Davis.

"Children have a right to a continued relationship with those with whom they've become emotionally close," said Justice Margaret Workman.

Kutil and Hess have cared for the little girl since shortly after she was born in December of 2007 to a drug-addicted mother.

The baby continues to live with the couple for the time being.

"For the sake of satisfying the belief that having a mother and father in the home are better, we're going to put this child in a home in which there's absolutely no connection, no emotional bond," said Anthony Cilibreti, the attorney representing Kutil and Hess.

Justices are expected to return a decision with the next few weeks.

Kathryn Kutil has already legally adopted one child. She and Hess currently have several other foster children in their care. Both women declined to speak publicly about this case.

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User Comment
Susan
3/11/09 at 10:17 PM
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All I can say, is "thank God the case is out of Fayette County", my daughters ex husband kidnapped their 2 kids almost 2 yrs ago, my daughter is remarried to a guy from Pakastan, they own 2 businesses and almost have their house paid off. They and the girls had a wonderful life until her ex and his 18 yr old girlfriend came in and changed that. The oldest is now brainwashed and they are now trying to do the same to the baby, she is 8. The guardian Leah Bogges, is living in a fantasy world, she keeps putting the kids back in an unsafe envioment with the father and his teenage girlfriend, I have documentation showing the girl cussing me and telling me not to call talk to my grandchildren and she says the same to my daughter. My daughters lawyer is usless. he has not helped her at all, I am begging for someone to please help me to help my daughter get her kids back, this woman has the kids calling my daughter all the time and leave messages that say things like, you made us eat dog food , we hate you, sign your rights over to daddy and (no name). They are literally driving my daughter crazy. Can someone please contact me through my e-mail if they can help. I don't know what else to do. This case is in Fayette County, they are discriminating. Help Please.

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