- The Washington Times - Monday, April 30, 2007

The Supreme Court yesterday declined to get involved in a dispute between two former lesbian lovers over visitation rights involving a 4-year-old child born in Virginia.

The child’s mother, Lisa Miller, had asked the justices to take the case because Vermont courts have ordered her to allow former lover Janet Jenkins to see the child, Isabella, one week a month.

The women entered into a civil union in Vermont in 2000. Miss Miller used artificial insemination with an anonymous donor to have a child, who was born in Virginia in 2002.

The women then moved to Vermont, where they lived for a year before separating.

Miss Miller renounced her homosexuality, returned to Virginia and denied Miss Jenkins’ demands for visitation rights.

Relying heavily on the rulings by Vermont courts, the Virginia Court of Appeals said Miss Miller is required to comply with visitation orders of the Vermont courts under the federal Parental Kidnapping Prevention Act.

Miss 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, Miss Miller’s attorneys said state courts in Vermont and elsewhere have “eviscerated the protections afforded each state” under the Defense of Marriage Act.

Miss Jenkins’ attorneys said Vermont courts were the first to take jurisdiction of the case and that Miss Miller’s response was to “run to a Virginia court” seeking a result more to her liking.

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