Charleston, W.Va. (AP) -- The West Virginia Supreme Court is considering whether a foster baby would be better off adopted by a husband and wife she hasn't met or the same-sex couple who have cared for her since birth.
The High Court heard oral arguments Wednesday in Kathryn Kutil and Cheryl Hess' appeal.
The lesbian couple are challenging a November ruling by Fayette County Circuit Judge Paul Blake to place the now 15-month-old girl under the care of a heterosexual couple who might adopt her.
Kutil and Hess argue Blake's ruling is discriminatory and denies them a constitutional right to family privacy and equal protection without due process.
The state argues that married couples should get preference in adoptions because they provide more stable environments.
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