Enjoy. Hope you all have have your dinner (BARF ALERT).
Posted on 08/05/2006 5:21:27 PM PDT by Graybeard58
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.
This article is such a confusing mess that it's impossible to figure out exactly which court ruled in which way. On the other hand, given that both parties claim to be named "Miller-Jenkins" and to have had a child together--even though both of them are evidently girls--it's clear that the reporter had good reason to be confused.
Lisa's the mother, Man X is the father. What's the confusion?
Cool. If the two appeals courts also disagree this will have to come before SCOTUS.
What fun it will be when the degenerates throw their animals "partners" in the matrimonial mix.
"two women battling for custody of a child they had while they were in a lesbian relationship"
They "had"? Interesting choice of words.
Not likely.
Well, "acquired" doesn't quite work either. One of them actually "had" the baby. The English language is soooo 20th century.
I think the turkey baster should get custody.
What? Is Bill Clinton the one suing Hillary for custody of the lesbians? :-)
Snicker!
I recommend this case be turned over to the Boy Scouts of America in Philadelphia, Pa. Doesn't seem to difficult, one mother comes to her senses and realizes that there isn't really a FAMILY unit, and wants to raise the little one in the world of STRAIGHTS.
Enjoy. Hope you all have have your dinner (BARF ALERT).
That is one fat face!
The Uniform Child Custody Jurisdiction Act governs cases like this. Virginia is the proper forum to determine custody, as the child apparently has lived there for more than six months.
Vermont's court is wrong.
Additionally, you have the circumstance where this child has only one true parent, the biological mother. An unrelated third party has no standing to seek custody in a domestic relations context. Unless the other mom legally adopted her partner's child and/or the "civil union" statute gave both parents full legal, if not biological, status as parents.
What happens if the sperm donor wants to assert rights? What a mess! Hetero couples can mess their lives up pretty good, but you ain't seen nothin' yet WRT homosexual marriage! Yikes!
Shoot, I thought it said "lesbian custard fight". Maybe next time?
We can hope.
Only one of them had the child. Squirting a turkey baster full of some guy's semen does not make the squirter a father.
The case began in Vermont in Nov, 2003, just two months after the bio mom took the kid to Virginia. Per federal law, Vermont has jurisdiction, not Virginia.
you have the circumstance where this child has only one true parent, the biological mother.
Per Vermont law, both women are legally and equally the child's parents.
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