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Same-Sex Spouses Cannot Bar Paternity Suit, Says Court

Monroe County Family Court Judge Joan Kohout handed a lesbian couple a disappointing decision when she determined that a married same-sex couple cannot use a marital statute to block a man's paternity petition for the child he fathered with one of the spouses during the women's marriage.

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Monroe County Family Court Judge Joan Kohout handed a lesbian couple a disappointing decision when she determined that a married same-sex couple cannot use a marital statute to block a man’s paternity petition for the child he fathered with one of the spouses during the women’s marriage. Judge Kohout said that while state Domestic Relations Law prohibits discrimination against same-sex married couples, it does not require the court to “ignore the obvious biological differences between husbands and wives.”

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