The Virginia Supreme Court ruled June 6 that a Vermont child custody order in a civil union must be upheld, meaning that Virginia must honor it even though the state prohibits same-sex marriages, according to the Richmond Times-Dispatch.
Lisa and Janet Miller-Jenkins entered into a civil union in Vermont in 2001, and daughter Isabella was born shortly thereafter. (Lisa was artificially inseminated.) After the couple broke up, Lisa—who changed her surname to Miller—moved to Virginia and renounced her lesbianism. A Vermont court gave Miller primary custody and awarded Janet Jenkins visitation rights. Then, a Virginia court granted Miller sole custody and denied Jenkins visits. However, the state’s supreme court employed a federal statute to enforce the Vermont court’s ruling.
Lambda Legal issued a statement shortly after the latest ruling was issued. ‘We are thrilled for Janet—at the end of the day this case is about being a mother to her daughter,’ said Greg Nevins, senior staff attorney at Lambda Legal. ‘The Virginia Supreme Court’s decision upheld the law and we are extremely pleased.’