West Virginia Lesbian Parents May Lose Child to "Traditional" Family
Published December 11, 2008 @ 02:17PM PT
You know that John Denver line, "Almost heaven, West Virginia"? Well, don't count on it if you happen to be a gay or lesbian family. A Fayette County Circuit Judge has ruled that two lesbian parents should not be allowed to adopt an 11-month-old girl because of the parents' sexual orientation.
The Judge, Paul Blake, ordered that the girl be taken out of the care of lesbian couple Kathyrn Kutil and Cheryl Hess, and be placed in the care of a "traditional" family. Thankfully, Kutil and Hess are appealing the Judge's ruling, and the West Virginia Supreme Court voted 4-1 this week to hear the case. So there's still room for some justice to be done here.
The details of this story are heart-breaking, and show why opponents of gay adoption simply do not have the best interests of children in mind.
The child at the center of this case was born in December 2007 in Charleston, West Virginia to a drug abusing mother (according to court records). The child had cocaine, opiates and benzodiazepines in her system and underwent withdrawals from the drugs after birth.
Once the infant was healthy (Christmas Eve, 2007), she was placed by the West Virginia Department of Health and Human Resources into the foster care system, making her way to the home of Kutil and Hess. 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.
The Judge unfortunately agreed with the court-appointed advocate, and now we're seeing the fruits of that - a child who needs adoptive parents is being removed from the only home she's known since birth, because both parents are women.
We'll see how the West Virginia Supreme Court deals with this. They've scheduled hearings on the case for March 2009. Hopefully they'll listen to this advice from Kutil's and Hess's lawyer, Anthony Ciliberti: "What I can say about these two women is that they are far and above, based on my experience in dealing with them . . . they are far and above conceivably the best foster parents we have in this county."
Conceivably the best possible foster parents we have in this country, being told that they're not "traditional" enough to raise a child? That doesn't sound like heaven to me, West Virginia.
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Comments (9)
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Michael Jones is a Change.org Editor.
He is the former Communications Director for the Human Rights Program at Harvard Law School, as well as the former Director of Communications for Pax Christi USA, a national Catholic peace and justice organization. Mike is a graduate of Syracuse University's S.I. Newhouse School of Public Communications and he is also a proud sketch comedy writer.
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This is so depressing. Who cares who's raising the child? As long as they love her and are taking care of her, that should be enough. It shouldn't matter what the parents do in the bedroom.
Posted by Kelly Jerrell on 12/11/2008 @ 03:30PM PT
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This is obviously adoption of a foster child in their care. This is not the biological child of one or the other lesbian in the family.
WV is one of those 16 states in 1967 that still outlawed interracial marriage, but had the highest incidence of incest in the hills of Appalachia that statistics could determine.
WV is still represented in the Senate by the 90 year old Senator Robert Byrd - the stereotypic dixiecrat Democrat and the scion of the Rockefeller family, Jay Rockefeller, the family "Democrat".
There is the WV of wealth, politics, and business and the most underclass individuals in the country.
The state has a tendency to vote Republican and very conservative Democrat. This is very hostile ground for gay or lesbian couples.
There are states where our struggle will end with national laws, and they will go kicking and screaming into equality under law. WV will be leading the parade.
Posted by A B on 12/11/2008 @ 04:14PM PT
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There is not one same-sex family throughout the nation, in Canada, and around the world, who has a dry eye reading this thread. Some of us live in states with civil marriage, or nations with such protections for adoptive and surrogate rights.We realise that not everyone has the luxury to live in the more liberal or libertarian regions of the country. This loving lesbian couple live in WV. Many support groups usually try to assist such families to leave those jurisdictions if at all possible after they adopt children legally. In reflection, I am sure that national LGBT legal associations are assisting them, as well as the ACLU. The WV Supreme Court appears to be a combination of Democratic and Republican persons. The 4 to 1 decision to hear the case says nothing, I am told. The more liberal supporters could take solace that it was heard and only one justice opposed the review. Otherwise, one could believe that the right wing wants to set precedent on this matter in a negative decision. Law, like other professions, is both art and science.
Posted by A B on 12/11/2008 @ 04:34PM PT
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I live in West Virginia, And I am gay and this is the stuff that goes in this state constantly everywhere you go there is oppression of lgbt's. It's truely depressing to me, I can't wait for a day when we are all considered equal. My heart broke when I read this story, Taking a child from the only family she has ever known that actually loved her and throwing her into a so called "traditional" family, It's not right. I hope the WV Supreme Court overturns the ruling and gives the child back to the couple.
Posted by John Sparks on 12/14/2008 @ 01:16AM PT
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From your mouth, to God's ear, my brother.
You know, hold on. Your generation will have more sense than ours or those preceding us.
Now, young man....you need to know that I am a Christian clergyman....in a denomination where gay families are honored the same way as straight families.
I have been committed to one man for thirty two years....and I was thirty when I met him and he was twenty-five. We have raised a family, and our son at home is 6 and in kindergarten.
Know this in your heart. You can find the love of your life. You can and will be able to marry legally somewhere in this country.
DOMA will be repealed. DADT will be repealed.
John, some of these right wing homophobes will hate you. You probably know people who hate black people, regardless of whether they are gay or straight. BUT, since 1964 they can vote and since 1967 they can marry whites. Well, the same with us....I would rather they love rather than hate..John, but it will not matter when we have the same rights guaranteed to all.
At the Eucharist I celebrate today, I will remember you and pray for you, and your future.
Posted by A B on 12/14/2008 @ 05:31AM PT
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If you do nothing else spiritually today, may I respectfully suggest that you visit www.soulforce.org and view the front page video DON'T TELL ME WHO TO LOVE and bring a bunch of tissues.
Posted by A B on 12/14/2008 @ 09:00AM PT
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What a state I live in....And with two gay men, as well. I'd like to hear the argument as to how gays can't raise a child.
Posted by Kyle Wagoner on 12/14/2008 @ 12:36PM PT
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In Clifford K. and Tina B. v. Paul S., etc., No. 31855 (June 17, 2005), the West Virginia Supreme Court of Appeals reversed a circuit court ruling that took a 5-year old boy from his deceased mother's lesbian partner. The boy's biological mother died in a car accident in 2002, and her parents sought custody of the child.
The W.Va. Supreme Court reversed the circuit court's ruling, holding that the lesbian partner was the child's "psychological parent," and that the child's best interests wold best be served by awarding permanent custody of the child to her. The biological father had no interest in taking custody of the child, and he supported the lesbian partner's bid for custody.
I would assume that this case will more than likely be cited to justify that lesbians are suitable parents and that there is precidence. I think this case is open and shut the problem is that we have a bunch of back woods redneck judges that serve in the lower courts. Here is the link to the orgininal case. http://www.state.wv.us/wvsca/docs/spring05/31855.htm
Doug Evans
Marshall University
LGBT Outreach Director
Posted by Doug Evans on 12/14/2008 @ 10:34PM PT
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Doug - thank you for the "local perspective" from the university.
This precedent augurs well for the couple and it would appear that the case is open and shut.
WV does appear to have everything from aware and informed individuals all the way to theocratic homophobes in sheets at night and courtroom robes during the day.
Posted by A B on 12/15/2008 @ 12:02AM PT
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