|
Vt. High Court Declines To Review Contentious Lesbian Visitation Case
by 365Gay.com Newscenter Staff
Posted: March 14, 2008 - 3:00 pm ET, Updated:
4:00 pm ET
(Montpelier, Vermont) Vermont's Supreme Court
declined Friday to review its earlier ruling in a nasty four year battle
between two women over visitation rights to the young daughter of one of the
women.
"There is no new evidence
or facts to consider that would affect our prior legal
conclusions," the justices said in a written decision,
allowing to stand its order that Janet Miller-Jenkins had
visitation rights to the daughter born to her former partner
Lisa Miller-Jenkins.
The lengthy war between the two women has
involved the high courts of both Vermont and Virginia, with the US Supreme Court
refusing to become involved.
The little girl named Isabelle was conceived
through artificial insemination to Lisa Miller-Jenkins. At the time she
was in a relationship with Janet Miller-Jenkins which had been formalized by a
civil union in Vermont where they resided.
When the relationship between the two women
soured and they split up, a judge in Vermont gave Janet Miller-Jenkins temporary
visitation rights with the child.
Lisa Miller-Jenkins fled with her daughter to
Virginia which has some of the most anti-gay legislation in the country. She
then declared she was no longer a lesbian, hired a conservative Christian law
firm, the Liberty Counsel, and went to court in Virginia seeking sole custody of
the child.
Janet Miller-Jenkins fought the application on
the grounds that the case was already before the court in Vermont.
But, Fredrick Virginia judge John R. Prosser
ruled that since the mother resided in Virginia, a Virginia court would hear the
case. Subsequently Prosser ruled that Lisa Miller-Jenkins was the sole
parent and that Janet Miller-Jenkins is nothing more a friend to the child.
In 2006 the Virginia Court of Appeals ruled that
the state of Vermont has jurisdiction in the case, and threw out Prosser's
ruling. The Appeals Court ruling was upheld by the Virginia Supreme Court.
Last year the Vermont Supreme Court unanimously
concluded that "under well-established laws designed to protect children
and families" the Vermont Family Court properly ordered visitation between
Janet and her daughter.
Liberty Counsel appealed to the US Supreme Court,
which refused to hear the case.
This week, the firm went back to the Vermont
Supreme Court, arguing that its 2007 unanimous ruling was wrong because it was based on the
assumption that a parent from Virginia could be bound by Vermont's civil union
law.
"Couples in states where same-sex unions are prohibited need to know
that Vermont has no power to facilitate the avoidance of laws in their domicile
by creating a union in Vermont," Liberty attorney David Corry told the
Associated Press.
Janet Miller-Jenkins is represented by Gay & Lesbian Advocates and Defenders
which argued the case should not be reopened.
Friday's ruling puts the issue
to rest.
©365Gay.com 2008
|
Entertainment
