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Monday, June 9, 2008

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WorldNetDaily: The Virginia State Supreme Court whiffed . . . on an opportunity to preserve state sovereignty and solidify traditional marriage laws. Instead, the court upheld a ruling that may allow states like Massachusetts and Vermont to export homosexual marriage laws across the country. The case centers on the fate of Isabella Miller, a 6-year-old girl born in Virginia to her mother, Lisa, while Lisa was bound in a civil union (performed in Vermont) to Janet Jenkins. Lisa later became a Christian, left her lesbian relationship and moved permanently to Virginia with her daughter. When she sought to dissolve her civil union, however, Jenkins, who lives in Vermont, sought custody of the child. Though Virginia's law specifically disregards homosexual civil unions from other states, a Vermont court ruled that it – and not Virginia – had jurisdiction over the custody battle.

Vermont's court then ruled that though Jenkins had never adopted the child, she still had parental visitation rights based on her former civil union with Miller. . . . Though a Virginia county court agreed with (Miller), the appeals court did not. . . . (and) ignored an argument . . . to recognize Virginia's new Marriage Amendment (defining marriage between one man and one woman) . . . the appeals court cited a federal law that compels states to honor other state's claims to jurisdiction. The court decided in favor of Jenkins. The Virginia State Supreme Court could have made a ruling to put the issue to rest. Instead, it also chose to ignore the implications of Virginia's Marriage Amendment, and ruled that as no new arguments were presented in the case, the appeals court ruling must stand. . . . Vermont is trying to undermine Virginia law and sovereignty. . . . if Jenkins or the state of Vermont attempt to enforce the stipulations of the civil union custody ruling in Virginia, Miller will have to start over again at county court. The arguments on her behalf in the next round of legal wrangling, however, will center on Virginia's Marriage Amendment . . . [Read More]

Tags: child custody, courts, gay marriage, marriage amendment, Vermont, Virginia To share or post to your site, click on "Post Link". Please mention / link to the ARRA News Service. Thanks!

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