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RICHMOND, Va. (AP) — A Virginia judge on Tuesday claimed jurisdiction to decide a child custody case between two women who had entered into a civil union in Vermont, a move that could set a legal precedent for same-sex couples whose relationships are recognized in some states and not others.
Lisa Miller-Jenkins, 35, who dissolved her civil union with Janet Miller-Jenkins in Vermont last year, has sued in Virginia's Frederick County Circuit Court to establish sole parental rights over the couple's 2-year-old daughter, Isabella.
Lisa Miller-Jenkins gave birth to Isabella in Virginia in April 2002 and has lived in the state since last year.
Janet Miller-Jenkins, 39, contested the action, saying a judge in Vermont already gave her temporary visitation rights with the child. Her attorney, Joseph Price, argued that because a custody proceeding is already under way in another state, both state and federal law prohibit Frederick County Judge John R. Prosser from ruling in the case.
But Phil Griffin, Lisa Miller-Jenkins' attorney, said that because Virginia does not recognize Vermont civil unions, Prosser should not be held to the rulings of judges under the civil union law.
"This is first time a judge has been asked to recognize a Vermont civil union as a valid marriage contract. And he declined to do so," Griffin said.
Prosser set another hearing for Sept. 9 to make the order final. Price said he will appeal.
Prosser's decision was hailed as a victory by pro-family groups supporting Lisa Miller-Jenkins.
"This is about Lisa's right to have her parental rights determined by a court of law," said Kevin Blier, director of the Center for American Cultural Renewal.
The American Civil Liberties Union of Virginia and gay rights advocates said the ruling could set a dangerous precedent.
"The reason child jurisdiction statutes were enacted was to prevent exactly this scenario — parents fleeing with children from one jurisdiction to another, because they don't like the custody rulings of a state," Rebecca Glenberg, a lawyer with ACLU, said in a statement.
Price said the decision could turn Virginia into "the Las Vegas of gay divorce."
"If you had a civil union in one jurisdiction and you wanted to be clear and free of the responsibilities under it ... you could just move to Virginia and none of those responsibilities would exist anymore," he said.
Virginia earlier this year passed one of the most restrictive anti-gay laws in the country, prohibiting civil unions, domestic partnerships and any other "arrangement between persons of the same sex purporting to bestow the privileges or obligations of marriage."
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