June 6, 2009
W.Va. court sides with gay couple in custody case
David Foucher READ TIME: 1 MIN.
CHARLESTON -- The West Virginia Supreme Court ruled Friday that a gay couple should have custody of an 18-month old foster child, overturning a judge's order that the girl should be placed with a heterosexual couple who might adopt her.
In an unsigned opinion, the court barred enforcing Fayette County Circuit Judge Paul Blake Jr.'s order that the girl should be taken away from Kathryn Kutil and Cheryl Hess. The girl has remained in the couple's custody throughout the court proceedings.
The 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.
David Foucher is the CEO of the EDGE Media Network and Pride Labs LLC, is a member of the National Lesbian & Gay Journalist Association, and is accredited with the Online Society of Film Critics. David lives with his daughter in Dedham MA.
