Vermont Visitation Order for Lesbian Couple Upheld in Virginia

Recently, the highest court in the State of Virginia ruled that the State must enforce a court order from Vermont that awarded child visitation rights to a mother’s former lesbian partner.

The Supreme Court of Virginia rejected the claim of Lisa Miller that a lower court improperly ignored a Virginia statute and a State constitutional amendment prohibiting same-sex unions and the recognition of such arrangements from other States.

The ruling was in favor of Janet Jenkins, who had been fighting for visitation rights since the 2000 dissolution of her and Miller’s civil union in Vermont.  Miller gave birth to her daughter, Isabella, in 2002.

After the split, Miller renounced homosexuality and moved to Virginia with her daughter, from where she has been fighting Jenkins’ visitation efforts.  However, according to the Virginia Supreme Court, a federal law that prevents parents from crossing state lines in order to avoid custody rulings, requires that Vermont’s order be enforced in Virginia. 

 

Original Source:  Gay & Lesbian Times, June 12, 2008