Tuesday, May 01, 2007

Virginia-Vermont Lesbian Custody Fight

The U. S. Supreme Court correctly refused to intervene in a decision by a three judge panel of the Virginia Court of Appeals that rejected the argument that a Vermont joint custody order cannot be enforced in a state that does not permit same-sex civil unions. Had the Supreme Court taken the case, it would have had to follow the long standing precedent of the courts holding that states must enforce the custody rulings of other states.

Lisa Miller, who moved to Virginia and basically kidnapped the couple’s child, was attempting to forum shop, hoping Virginia’s anti-gay laws would help her cause. She is represented by Matthew Staver of Liberty Counsel, a self-styled “Christian” legal firm affiliated with some of the most extreme anti-gay organizations in the country that takes on cases all around the county seeking to deprive gays of equality. No doubt Mr. Staver found the case all the more attractive because Lisa Miller claims to have found religion and been “cured:”

“In a telephone interview Monday, Miller said she is no longer a lesbian, and she accused Jenkins of "religious persecution."
"She's trying to say that because of the way I am teaching Isabella to walk with the Lord and that homosexuality is a sin, I am not looking out for Isabella's best interest," Miller said.
Jenkins is seeking primary custody of Isabella in Vermont courts. One of her attorneys, Jennifer Levi, said their case is not based on Miller's religious beliefs but on her refusal to comply with previous court instructions.”
http://content.hamptonroads.com/story.cfm?story=123807&ran=8040

Unfortunately, the Virginia Court of Appeals did not have to take evidence on the fraudulent nature of Ms. Miller’s “cure” claim and was able to rule to enforce the Vermont custody order based on long standing practice. If and when the right case arises that will allow it to be proven in court that the claim that gays can be “cured” is false, perhaps the Matthew Stavers of the world will see their job opportunities wither away. I would love to see an ex-ex-gay file a lawsuit against Exodus International or its affiliates for injury caused from their bogus cure programs.

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