West Virginia Court redefines family, grants parental rights to lesbian partner

Jun 21, 2005 / 22:00 pm

A West Virginia court decision that has redefined the term “parent” has “demonstrated the lethal effects of judicial activism on the nuclear family,” said Stephen Crampton, chief counsel for the American Family Association Center for Law & Policy.

On June 17, the West Virginia Supreme Court of Appeals redefined what a parent is by declaring a lesbian partner the “psychological parent” of her deceased lover’s young child.

In Tina B. v. Paul S,, the court removed custody of the child from his maternal grandparents and gave it to the lesbian partner, Tina B.

“While the court pretended to limit itself to interpreting the laws passed by the legislature, in reality it made law and acted as a superlegislature,” Crampton stated.

“West Virginia’s creation of a new ‘right’ for a same-sex partner to obtain custody of her deceased lover’s child without any written agreement, a Will, or any attempt at adoption is but a stepping stone to recognition of same-sex marriage,” Crampton warned.

The American Family Association had filed an amicus brief on behalf of two legislators in the case.