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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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