Vt. Weighs in on
Lesbian Custody Fight
By AP from the
NYTimes on the Web, August 4, 2006
MONTPELIER, Vt. -- The state
Supreme Court ruled Friday that Vermont courts, and not those in Virginia, have
exclusive jurisdiction over a case involving two women battling for custody of a
child they had while they were in a lesbian relationship.
The unanimous ruling conflicts with a series of decisions in Virginia, where
courts ruled the state's anti-gay-marriage laws controlled the case.
Justice John Dooley wrote that Vermont civil union laws govern the women's 2003
separation and subsequent child custody disagreement because they were legally
joined in a civil union there in 2000.
''This is a straightforward interstate jurisdictional dispute over custody, and
the governing law fully supports the Vermont court's decision to exercise
jurisdiction and refuse to follow the conflicting Virginia visitation order,''
Dooley wrote.
Vermont became the first state in the nation to recognize same-sex couples'
relationships in 2000, enacting a civil union law. Connecticut is the only
other state with such a law and whether such relationships would be recognized
in other states has been a matter of litigation. Massachusetts is the only
state that permits same-sex marriage.
Lisa and Janet Miller-Jenkins were Virginia residents in 2000 when they traveled
to Vermont to join in a civil union. In April 2002, Lisa Miller-Jenkins
gave birth to a daughter, conceived through artificial insemination, and the
family moved to Vermont full time that August.
About a year later, Lisa Miller-Jenkins renounced her homosexuality, returned to
Virginia and denied Janet Miller-Jenkins' demands for visitation rights.
They were granted a dissolution of their civil union and Lisa Miller-Jenkins
filed for full custody.
A Vermont Family Court judge gave Janet Miller-Jenkins temporary visitation,
prompting Lisa Miller-Jenkins to file for full custody in Virginia courts.
The Vermont Supreme Court ruled in favor of Janet Miller-Jenkins on the
visitation dispute. The court also upheld a decision by Vermont Family
Court refusing to abide by a Virginia decision giving Lisa Miller-Jenkins full
custody, and a contempt order against her for failing to abide by the Vermont
visitation order.
''It's a classic conflict between two states over same-sex unions,'' said Mathew
Staver, founder and chairman of Liberty Counsel, which is representing Lisa
Miller-Jenkins. ''The real question there is whether or not a state can
have its own policy that does not accept same-sex unions or whether they have to
accept the union of another state.''
Staver said the dispute undoubtedly will have to be resolved by the U.S. Supreme
Court. But Jennifer Levi, a lawyer with Gay & Lesbian Advocates &
Defenders who represented Janet Miller-Jenkins, said the Virginia Court of
Appeals could change its ruling in light of the Vermont high court's decision.
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