November 22nd, 2009
 

365Gay Agenda Blog

Ruby-Sachs: A Response to the West Virginia Court Adoption Ruling

By Emma Ruby-Sachs, 365gay blogger 12.12.2008 1:47pm EST

This site just reported that a West Virginia Supreme Court has agreed to hear an appeal of a lower court’s order to remove an infant child from the care of her lesbian foster parents. The fact that they are hearing the case is not surprising. What is a good sign is the interim stay order preventing the removal of the child from the custody of her two foster mothers.

In family law, judges are often concerned with continuity in the child’s life. The stay order gives the parents more time to bond with the child which only strengthens their case against the state.

It’s an exciting time in LGBT litigation. I hope the West Virginia court overturns the disgraceful ruling of the lower court. I also hope this child can remain with the only parents she knows.


Login or Register to comment.

or Login with Facebook:

  • Rodney Moore Said: December 13th, 2008 at 10:07 am
    • As a pro-lifer I am appalled at the ignorance of the lower court judge and his decision. For years now, gay and lesbian couples, singles, along with straight couples(non-married) and singles have been providing foster care and loving homes to children who would otherwise have NOTHING and no one. It’s sickening to see how homophobia harms not only gay people, but people who have gays and lesbians in their lives.

      In Massachusetts(where I vote and have my American residency) the abortion rate is the lowest in the country. And more than 40% of all adoptions are done by same-sex couples, with no way of tabulating how many gay singles. Massachusetts also uses a network of gay couples as foster parents. My old roomate and his lover, back in the early 90s, fostered kids of PWAs. There is also the phenomenon of partial adoption, where a terminally or chronically ill parent and child will be paired with adoptive parents who have a sort of primary yet split custody over the child, where if the parent dies there is continuity. Yes, Heather has two daddies and a chronically ill mommy who still loves her but places her with a loving gay couple who can take care of her if she dies.

      But with adoption without marriage rights, we are putting the cart before the horse. Marriage is not just about rights and privileges but about family and yes that means kids. If gay and lesbian couples are going to have kids, the best environment is in a loving marriage. Marriage protects both partners, the kids, it lays down responsibilities and rights. So when gay and lesbian people are shocked about judicial attacks on adoption rights, and rightfully so, they should respond by fighting for marriage equality. Marriage equality as a movement is not just about marriage, but ALL the rights, privileges and responsibilities of marriage, which include all the rights associated with adoption. If we want to secure adoption rights, both as singles and couples, but especially as couples, then we need to forcefully and determinedly fight for marriage equality and nothing less. It is ass backwards when a state, Florida for instance, bans all forms of recognition for same-sex couples, while at the same time upholds the right to adopt. The best environment for children is with a stable married couple, with rights. Yet Florida allows kids to be adopted by gays and lesbians, but extends NO vital legal and custodial rights and protections which would enhance the couple and their ability to rear the child in a stable environment.

 
Login

Register
Lost your password?


or Login with Facebook