RICHMOND
A lesbian woman gets to keep visitation rights of a 6-year-old girl that she helped raise despite the legal protest of the child’s biological mother, the state Supreme Court ruled in an opinion issued Friday.
The women waging the legal battle were formerly in a lesbian relationship and had been joined in a Vermont civil union ceremony in 2000, shortly after the state began permitting them.
They separated in 2003 and their civil union was later dissolved, but Vermont courts subsequently granted some parental rights to the non-biological mother.
In the opinion issued Friday, the justices upheld a lower state court ruling that affirmed the custody order previously granted in Vermont courts.
The lower court ruling was based on federal law that gives jurisdiction in custody matters to courts in the state where the petitions were first filed – Vermont, in this instance.
On one side of the issue is Winchester resident Lisa Miller, the biological mother of 6-year-old Isabella Miller-Jenkins.
The girl was conceived through artificial insemination and born in 2002, the same year the women moved to Vermont.
Miller’s attorneys have argued that Vermont laws should not supersede Virginia’s.
“The court should have addressed the state constitutional amendment, which wasn’t passed until after the litigation began,” said Mathew Staver, chairman of Liberty Counsel, a conservative civil liberties group, said in reference to the definition of marriage as between one man and one woman that Virginia voters approved in 2006.
Staver, who is also dean of the law school at Lynchburg’s Liberty University, represents Miller.
Attorneys for Miller’s former partner, Vermont resident Janet Jenkins, praised the Supreme Court ruling.
“The simple fact is the federal statue says if you start a case in one state and get a result you don’t like, you can’t take your kid and run to another jurisdiction and get another bite at the apple,” said Joseph Price, a partner with the Washington, D.C.-based Arent Fox LLP law firm that represents Jenkins.
For more than four years, Miller and Jenkins have contested their custody claims in court.
The Virginia Court of Appeals later ordered the lower court to honor that order.
Jenkins’ is permitted visits with Isabella every other weekend, alternating between Virginia and Vermont, and extended stays a few times each year, according to Price.
Miller, a Christian who now rejects homosexuality, claims that the visitation arrangement is harmful to her daughter.
Her attorneys intend to ask the U.S. Supreme Court to review the case.
Staver said he also plans to file a separate action in Virginia.
Julian Walker, (804) 697-1564, julian.walker@pilotonline.com






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CB
CB, please educate us on the true nature of homosexuality, seeing how you are seemingly an expert in it..."Reasonable doesn't pass when we all know what the true nature of homosexuality is all about." Logcabin republican are you?
My thoughts - if you're not a member of said community, you don't know what you think you know. That would be like me saying I know what the true nature of heteros are - warmongering, supremicist bigots who are threatened by every little thing that challenges their feeble beliefs. Would my perceived nature of heteros be applicable to all heteros? Certainly not.
Just remember which group introduced sin into the world and damned the human race... and it wasn't Adam and Steve...
C.B.
I cringe thinking that someone as judgemental and bigoted as you feels he knows the "true meaning of homosexuality." If you are a father of a son/sons, I pray they are straight for I fear they would never be accepted by you. How very sad you are, C.B.
Why....
Continue this argument? Ignorance will always cower behind that which feeds it, in this case it is being fed by religion. Just accept it, equality under the law is coming for all and there is nothing that can stop it!!And remember, Jesu was a liberal too!
C.B.
"Common sense tells us that, biologically, it takes one man and one woman to make a real family and have children. Faux families that homosexuals are now delving into just make a difficult process even more difficult for selfish reasons."
C.B. there is enough scitentific facts that prove homosexuals make just as good parents as heterosexauls do. You might want to look into it. Heteroxesual people are are more likely to abuse a child than same sex couples. A child is no more likely to grown up gay in a same sex home, then they are in a hetero one. These happen to be medically founded facts. You don't know this couple and you do not know their desire to have a child was motivated by selfish needs. Homesexual couples fall in love, develop a relation ship just like heterosexual couples do. Look at the precentage of divorce in this county and then tell me heterosexual lifestly is as sound as you may want it to be.
Kate...
It is obvious that you did not read the title of my last post. I applied simply common sense of biology. Those that try to play around with the laws of nature are bound to be burned by it. Bigoted? I think not. Sensible? Absolutely. Not every alternate lifestyle can and should be recognized as normal especially when you apply the "reasonable" means test. Reasonable doesn't pass when we all know what the true nature of homosexuality is all about. To introduce and desensitize children into this behavior is criminal.
C.B.
I wonder if you and Fergus are drinking the same kool-aid? Maybe you two belong to the same outdated, oppressive, bigoted, so-called "Christian" church which in actuality is a shallow, hollow bldg. filled with self righteous, judgemental, right-wing nuts who feel those who don't think as they do are doomed to hell. In my church (my soul), my God is ALL loving to ALL people, including all races, ethnicity, sexual preferences and so on. C.B., how lucky you were to be born blessed with having your body and mind in sync...a luxury many of our fellow citizens around the world don't have. Stop referring to the book written thousands of years ago without the benefit of scientic awareness to further your narrow minded and ill informed beliefs. People like you who espouse hatred and unfairness (homosexuals shouldn't be able to parent) make the world a more divisive place and impede progress.
No religion involved....
Common sense tells us that, biologically, it takes one man and one woman to make a real family and have children. Faux families that homosexuals are now delving into just make a difficult process even more difficult for selfish reasons. Although I don't really agree, I respect the Supreme Courts decision to not overturn another states court decisions. These two selfish dimwits created this situation themselves and are not really fighting for love of the child but self ego. Face it, boys do not belong with boys and girls do not belong with girls, especially when an impressionable child is in the mix. Since these two decided to detour down a nasty selfish non-biological path and had the audacity to bring a child into it, the child should be put up for adoption into a real family.
"turning from God's word"
Does fergus practice every belief espoused in the Bible?
Your Bible.....
is an outdated book of parables. The court decided wisely. This country is a democracy not a theocracy. If you want to live in a country governed by religous doctrine then move to Iran. If you think Christians aren't as brutal as Muslims then you are ignorant to history. The court has moved us closer to equality for all, not just christian zealots!
fergus
"There are no religions in the world that accept homosexuality as normal.Yes there are churches here in the US that accept them as normal,but no religions anywhere whether it be the Christian bible,the Qur'an or The Torah."
Personally I don't care what any church or religion does, but wait you must think I'm not a Christian, but wait.....I am. I don't need a church building to have MY faith or be told by a group of people sitting in one to tell me how to think, but wait what is "normal". In your narrow mind of "normal" you eleminate everything and everyone that isn't a carbon copy of YOU, but wait that isn't being narrow minded that's being a bigot. My God loves me just as much as your God love you. Gay's and lesbians are just as "normal" as you and I are. Your path isn't narrow, it's misguided and an end to nowhere. When we both get to heaven have your people call my people and we'll do lunch!
"There are no religions in
"There are no religions in the world that accept homosexuality as normal"
I'm going to go out on a limb here and guess that you don't consider the pagan religions to be "true" religions.
fergus
Why don't you set that Bible on the quaint, little, antique table in that cozy, warm, homey, Leave It To Beaver house of yours, take off your rose colored glasses, and read some Scientific American or take a Biology 101 course. No one in their right mind would opt to be gay or lesbian and have to deal with bigots like you. They are born like that. Get over it!
Prove it....
I find it amazing how so many people use religion to justify their prejudices - JUST AMAZING! Considering the fact that many religious teachings have been proven to be INCORRECT, i.e. living beings were around way before God, so He did not create them - the Earth is not the center of the universe as was taught for many years before scientists proved the church wrong and even then, the church did not want to agree. Worry about what affects you and your family directly and stop worrying about what everyone else is doing. It is none of your business. She, the non-biological parent, has a right to be a part of the child's life that she helped raise. A parent is someone that takes part in raising a child - it does not rest on who the child's biological parent is. If you say it does, then we need to take a look at adoption, children raised by grandparents, stepparents, older siblings, etc.
There are no religions in
There are no religions in the world that accept homosexuality as normal.Yes there are churches here in the US that accept them as normal,but no religions anywhere whether it be the Christian bible,the Qur'an or The Torah.
Well Furgus
If it's wrong then you, Ann Coulter and Shirley Phelps Roper should join forces and try to change the world to what you think it should be, since you three seem to be cut from the same cloth. By the way, there are religions that are far more tolerant and accepting of homosexuality and gays, gay marriages and the like than you lead yourself to believe...
You seem to want to live in a country ruled by theocrats; therefore, why not move to a country like Iran or Saudi Arabia. You'd make a welcomed addition there... Both points of view about religion and God are personal opinions and not proven facts... this is the problem with religion as a whole... some believe, some don't, and both want to dominate the other... I've said it before and I'll say it again - religion perverts free will and causes more conflict than we need and can handle.
God or no God
Here we have two women wanting to be husband and wife, one big happy family like a man and wife. Then to complete the happy couple's life they must have children but wait !!! they can't have children like a normal husband and wife who could have children they must adopt or find a donor (this issue also applies to gay males). So now the happy couple have a child given birth by one of the partners, but wait they break up and the mother of the child don't want the other partner to be in the childs life because mother is a new woman she's not gay any longer. I don't agree with the gay sex life, but this mother was wrong in what she try to do to do her partner and I agree with the court. You can't do that to your family because you're a reform lesbian and find God. I don't think would approve of it. Fictional being ??? that's a personal opinion and not a proven fact.
still wrong,always wrong,forever wrong
Sorry,the lame excuses for justifying turning from God's word will never fly. Legalizing fornication led to this nonsense. Standing firm here. Sex outside of marriage is wrong whether it is two gays or a man and a woman. The world has gone crazy living in a fantasy world that these two women were ever married. You reap what you sow. Not only does our legal system have to suffer from being overburdened with cases that have no merit,innocent children also suffer. Yeah,yeah,I'm narrow minded. But I'm proud to be considered narrow minded. Like Jesus said "the way is narrow and many will take the wider path" I'm glad to know I'm on the narrow path. Further more, no other religion in the world accepts this kind of lifestyle. We as a nation didn't either up until recently when we lost our moral compass.
God Who?
Since when is serious legislation based on fictional works of a fictional being? Never is my hope.
Gays and lesbians are due the same rights as the rest of society. "God is against it" is merely an excuse, and a weak one at that.
"standing firm in what the bible says it is: W R O N G"
Does fergus stand firm in everything that the bible says is W R O N G or does he pick and choose the parts he wants to like the rest of us do?
"Christian principles" --- Slavery was an accepted Christian principle when our country was founded.
interesting
In truth, while many of the countries laws were founded upon Christian principles, the truth of the matter is, we do not force our religion down the throats of others. Simply because something is against our religion doesn't mean that it should not be legal. It is only fair to guarantee the rights of gays and lesbians regardless of our personal feelings in the matter. Gays and lesbians do not harm society, I personally believe there isn't a choice in MOST cases. You are what you have been born to be. God does not like intolerance. Perhaps this is Gods way of testing a true person's faith in his or her religion. Do not persecute gays and lesbians and treat them with equality.
I believe the courts made the right decision.
Fergus....you cannot speak for god
"The courts are overburdened now with lawsuits and recogozing gay marriages will just add to this. We all know gay people aren't really married no matter what the law says. God doesn't recognize it as anything but fornication"
Fergus you are not qualified to speak for God. And please don't go pounding your bible.... those are words that we all interupt on our own or not at all.
fergus
What would be the difference if it were a hetero union divorcing? Depending on the circumstances, the custody would probably be shared or at least one would have visitation rights. Depsite your feelings against gay marriage, the child is still the most affected one in any divorce. The court gave that great consideration, as it should have. The argument of a child needing both a mother and father has long been disproven by your own community (heteros). Look at all the single parents out there doing their thing and raising good kids. Conversely, look at the number of troubled kids that come from your traditional households. We can no longer continue to generalize these things as we once have.
I totally agree !
I'm in total agreement in that the union between two of the same sex is wrong in the eyes of God. He is our Creator. He sets the standards. Not us. (And of course, we all fall short of that standard. Were it not for Jesus, we'd all be doomed!) What grieves me is the future of that child. Children get wounded and feel rejected so easily-and many times it follows them throughout their entire lives-showing up in problems relating with others or in very poor self-esteem or in addictions, etc. Very sad to see, regardless of WHAT type of union it is or isn't. I used to think- "My kids are young, they'll get over it." But that's just NOT the truth. Many do, but many more don't. Are we to count on "luck" that it'll work out okay? BOTH parents (of the male and female type) contribute to the growth, health and well-being of the child. The woman, in most instances, may be much more nurturing, which is extremely necessary, but a GOOD father can instill a REMARKABLE amount of self-esteem and self-worth in a young child - especially a little girl! On the other hand, a lousy, critical or absent father can do just the opposite, and cause MAJOR resentments toward men. I'm one that totally believes
I feel sorry for this little
I feel sorry for this little girl. It's hard enough for children who come from broken homes. Now this child is being fought over by two women. How SICK is that? And she isn't even with her MOM! (Although I try VERY HARD not to judge it's so hard sometimes). That's the problem with the world we live in these days. Too many people don't have morals. I just pray for this little girl and these women that they will change and see 1) what's best for this little girl and 2) change their ways and live as they should and find morals in their life.
W R O N G
The courts are overburdened now with lawsuits and recogozing gay marriages will just add to this. We all know gay people aren't really married no matter what the law says. God doesn't recognize it as anything but fornication. If the "union" had not been recognized as "legal" the other woman wouldn't have a leg to stand on. I know I'm in the minority now about what is fornication and what is really marriage,but I'm standing firm in what the bible says it is: W R O N G.
equal is equal
I hope the woman who was granted parental rights also gets to feel the sting of child support.
The Right Decision
The High Court has made the right decision. She was unhappy with the Vermont decision that granted her former partner some rights so she sought to overturn the Vermont decision by filing in Virginia. This case should never have been heard in Virginia but the High Court saw the light and did the right thing.
Think of the Child . . . .
Parental rights and responsibilities do not end at the dissolution of the marriage or other relationship. The Courts must continue to recognize and enforce this as they did.
Custody Dispute
I totally agree with the Virginia Supreme Court's ruling granting partial custody rights to the non biological parent. These ladies entered into a civil union in Vermont, and as such, are considered married. The non biological parent and the now 6 year old child have developed a relationship which should be legally protected.