Virginia judge
rules against lesbian parents

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.

The custody 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 to Virginia.

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)