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.
(Copyright 2009 by the Associated Press. All rights reserved.)
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