Sunday, December 03, 2006

Virginia upholds Vermont decision

Over the Thanksgiving period, an important and influential case has been heard in the Virginia Supreme Court. The Case of Janet Miller-Jenkins v. Lisa Miller-Jenkins is a significant case as it deals with a custody dispute between a lesbian couple who had entered into a civil union and raised a child together in Vermont. The biological mother (Lisa) had kidnapped the child and taken them to Virginia and tried to deny Janet any visitation rights. This is the first time a court has applied a federal law aimed at stopping parental kidnapping to a dispute between a same-sex couple. The November 28 decision is also the first time a court has ruled on the validity of the federal Defence of Marriage Act in custody disputes between same-sex couples. This has been celebrated by the LGBT community as a positive step; this couple have been treated as any heterosexual couple. The case did, however, fail to answer the broader question of whether "Virginia recognizes the civil union entered into by the parties in Vermont."

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