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Kentucky Court Rules Against Stepparent Adoptions by Gays and Lesbians

A strongly worded opinion from the Kentucky court of appeals has barred judges from granting same-sex partners the right to adopt children as stepparents, reports The [Louisville] Courier-Journal.


A strongly worded opinion from the Kentucky court of appeals has barred judges from granting same-sex partners the right to adopt children as stepparents, reports The [Louisville] Courier-Journal.

The 3-0 ruling decreed that stepparent adoptions are permitted only when the second parent is legally married to the biological mother or father of the child. Same-sex couples are not allowed marry in Kentucky due to the state's constitutional amendment, and the court of appeals decision said a family court judge and lawyers for a lesbian couple had ignored that law in allowing a stepparent adoption for a member of that couple in 2005.

"It is not this or any court's role to judge whether the legislature's prohibition of same-sex marriage ... is morally defensible or socially enlightened," Judge Glenn Acree of Lexington wrote, according to the Courier-Journal. "Nor is it this or any court's role ... to craft any means by which the legal consequences of such a prohibition may be negated or avoided." (The Advocate)

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Reader Comments
  • Name: Sean
    Date posted: 9/17/2008 5:43:00 PM
    Hometown: Baltimore

    Comment:

    Has there ever been an interstate case challenging this idea of two parent adoption? The Virginia State Court case gave precendence to Vermont on a case recently. But when will there be a case where one can safely bring your child across state lines for a vacation and insuring that that legal agreement is given full faith and credit in another state?

  • Name: WILLIAM
    Date posted: 9/17/2008 5:23:00 PM
    Hometown: SAN JUAN, PUERTO RICO

    Comment:

    IF YOU ARE GAY AND SINGLE YOU CAN ADOPT A CHILD IN PUERTO RICO, BUT IF YOU ARE A GAY COUPLE YOU ARE DENIED ALL ADOPTION RIGHTS. YOU'D THINK THAT PUERTO RICO IS IN THE DEEP SOUTH. YES, IT HAS COMPANY THERE. THE LAWS IN MISSIPPI AND FLORIDA ARE JUST AS BACKWARD. EVEN THE BIBLE BELT REDNECK STATES IN THE MIDWEST HAVE MORE ENLIGHTENED LAW CONCERNING ADOPTION. ALL FAMILY EXPERTS ACROSS THE BOARD BACK ADOPTION BY GAY COUPLES BECAUSE CHILDREN WHO HAVE THE RESOURCES OF TWO PARENTS ARE BETTER OFF THAN SINGLE PARENT HOMES. MY SPOUSE HELPED ME RAISE MY BIOLOGICAL DAUGHTERS WHEN MY EX RELIQUISHED CUSTODY. THEY ARE ADULTS NOW, ONE A SURGEON AND THE OTHER AN ATTORNEY. WE ARE A SECULAR COUNTRY WITH NO STATE RELIGION. THAT WAS THE USA GREAT GIFT TO THE WORLD. WE NEED TO KEEP RELIGION OUT OF PUBLIC POLICY. EQUAL RIGHTS FOR EVERYONE IS MORALLY CORRECT BECAUSE IT ELIMINATES INJUSTICE AND SUFFERING. KIDS NEED TWO LOVING PARENTS REGARDLESS OF WHETHER THEY ARE A HETOROSEXUAL OR A SAME SEX COUPLE.

  • Name: Roger Burr
    Date posted: 9/17/2008 12:53:00 PM
    Hometown: Marble Hill, MO

    Comment:

    A CLASSIC example of why we need to continue the fight for FULL EQUALITY. This Appeals Court ruling provides yet another reminder that LGBT people are looked upon, at best, as second-class citizens.

  • Name: Carol
    Date posted: 9/17/2008 12:36:00 PM
    Hometown: MO

    Comment:

    Are you talking to me? Why the reference to Anita, I'm not against glbt.

  • Name: Mark
    Date posted: 9/17/2008 10:14:00 AM
    Hometown: Tampa

    Comment:

    If you think KY is bad, you should see the law here in FL: no gay person can adopt a child. Ever. Thank you Miss Anita Bryant.

  • Name: Matt
    Date posted: 9/16/2008 8:42:00 PM
    Hometown: Austin

    Comment:

    "It is not this or any court's role to judge whether the legislature's prohibition of same-sex marriage ... is morally defensible or socially enlightened," Judge Glenn Acree of Lexington wrote, according to the Courier-Journal. "Nor is it this or any court's role ... to craft any means by which the legal consequences of such a prohibition may be negated or avoided." Judges are not consigned to a complete hands-off stance on this issue. Numerous courts have deplored discriminatory laws in strong language, even when they could not immediately overrule those laws. Such decisions can help clear the way for more effective action later. The appeals court may have had limited options, but it could have done something.

  • Name: Carol
    Date posted: 9/16/2008 7:05:00 PM
    Hometown: MO

    Comment:

    I'm not surprised that this ruling came out of kY.

  • Name: A
    Date posted: 9/16/2008 6:53:00 PM
    Hometown: Los Angeles, CA

    Comment:

    I think that Lori, Jacob, and C are missing the point. Of course I support the right of LGBT people to adopt, and I agree that it's appalling that we're not able to do so in Kentucky. But it sounds like the judges on the Court of Appeals may feel the same way. If step-parent adoptions are permtted only when the adopter is legally married to the child's biological parent, and if same-sex marriages are illegal, then it naturally follows that, according to the law at this time, LGBT people cannot legally adopt their same-sex partners' children. The court's job isn’t to enact legislation, but to interpret the law as it currently exists. When the judges wrote that it’s not their role "to craft any means by which the legal consequences of such a prohibition may be negated or avoided," it sounds to me like they're saying that what really needs to happen is for Kentuckians to get rid of the offensive and disgusting constitutional amendment that prohibits same-sex marriage.

  • Name: Lori
    Date posted: 9/16/2008 3:46:00 PM
    Hometown: Cincinnati

    Comment:

    I agree with C! I am hoping one day they will come to realize their bigotry.

  • Name: Jacob Barrett
    Date posted: 9/16/2008 3:42:00 PM
    Hometown: Lexington, KY

    Comment:

    It is another sad day for the GLBT community in KY. I currently live in Lexington, KY and am deeply saddened that judges would bar adoption of a child based on sexual orientation. It makes me wonder if the state would rather pay for children rather than to have 2 loving parents raise a child that they love and provide for. I have been an activist in KY for over 8 years now and it seems that the GLBT community here will never band together long enough for a common purpose... equality...No more No less!



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