A Virginia judge
has ruled that a Vermont civil union custody order
cannot be enforced in Virginia, a decision that will delay
visitation for a Vermont lesbian if higher courts rule
in her favor on the larger legal issues in the case.
dispute involves the 3-year-old daughter of a lesbian couple
who was born after the pair entered into a Vermont civil
union. Janet and Lisa Miller-Jenkins moved to Vermont
briefly after the union, but when the couple broke up,
Lisa, the biological mother, returned with the child
Now she has found
religion, declared herself to be "ex-gay," and hired a
conservative Christian legal group to represent her.
Virginia district court judge John Prosser has already
ruled that Virginia's ban on recognition of same-sex
relationships leaves Janet without visitation rights.
Vermont courts have ruled she does have visitation rights,
and the matter is before both state supreme courts.
But Prosser has now also overturned a lower court
ruling that Janet could register her Vermont custody
with Virginia courts. (Sirius/OutQ)