Lisa Miller and her partner, Janet Jenkins, exchanged vows in a civil union ceremony eight years ago in Vermont. Through artificial insemination, Lisa conceived and gave birth to Isabella in 2002. In 2003, Lisa adopted an ex-gay sexual identity, took Isabella and fled to Virginia, where she found an activist judge willing to violate Vermont child-custody and visitation orders.
From Vermont’ perspective, Lisa is now a law-breaking fugitive who has turned her daughter into a political pawn in the culture wars.
In late 2004, Vermont Family Court Judge William Cohen named Janet as a legal parent of Isabella as a consequence of the civil union.
Since then, Lisa has flouted Vermont family law and constitutional precedent in which states (such as Virginia) may not override other states’ jurisdiction and court rulings in matters of family law. Even as she violated the law, lived as a fugitive in Virginia, and sought to sever Janet’s ties to Isabella, Lisa won child support from Janet.
On Thursday (April 17), the Virginia Supreme Court will rule hear arguments in the custody dispute.
Focus on the Family has weighed in, supporting Lisa’s violations of Vermont family law and implicitly favoring a “special right” of antigay states to disobey the court rulings of states that have jurisdiction over a marriage, civil union, or child custody.
For more information:
This insanity underlines the need for DOMA. The disease of same sex marriage will spread as states who do not recognize SSM assert jurisdiction for one reason or another. When a state asserts jurisdiction over the termination of a marriage not recognized by that state, the marriage becomes recognized. It is only a matter of time before SSM itself becomes recognized.
Obviously, states that do not recognize SSM have no jurisdiction over these “marriages” or divorces. Judges should send these people back to their home state to handle the problems they created. There is no requirement under URESA or any other federal law for states to do so.
DOMA must be passed.
David,
HUH? DOMA was signed into law by Bill Clinton. I think you are either really confused or trying to be sarcastic(?) Either way, better try again to make your point.
Here’s some additional context published today in the Richmond Times-Dispatch:
However, in 2006, the Virginia Court of Appeals reversed the Frederick County ruling, holding that federal law requires each state to respect the child custody and visitation rulings of another state so that chaos will not erupt when a parent unhappy with a result runs to another state for a different ruling.