The Supreme Court
on Monday declined to get involved in a dispute between
two lesbian former lovers over visitation rights involving a
biological mother, Lisa Miller, had asked the justices to
take the case because Vermont courts have ordered Miller to
allow her former partner, Janet Jenkins, to see the
child, Isabella, one week a month.
In 2000 the two
women entered into a civil union in Vermont, and they
decided Lisa would use artificial insemination with an
anonymous donor to have a child.
Isabella was born
in Virginia in 2002, and the two women moved to
Vermont, where they lived for a year before separating.
her homosexuality, returned to Virginia, and denied
Jenkins's demands for visitation rights.
on the rulings by Vermont courts, the Virginia court of
appeals said Miller is required to comply with visitation
orders of the Vermont courts under the federal
Parental Kidnapping Prevention Act.
Miller says the
act conflicts with a more recent federal law, the Defense
of Marriage Act, on same-sex marriage. That act says no
state shall be required to abide by a law of any other
state with respect to a same-sex marriage.
In asking the
justices to take the case, Miller's lawyers said state
courts in Vermont and elsewhere have ''eviscerated the
protections afforded each state'' under the Defense of
said Vermont courts were the first to take jurisdiction
of the case and that Miller's response was to ''run to a
Virginia court'' seeking a result more to her liking.