Ex-Lesbian Wins Court Decision, Virginia Not Vermont
(Winchester, Va.) Judge Prosser has concluded that Virginia has jurisdiction over this case and did not have to honor Vermont's arrangements. Additionally, he noted that the newly enacted Marriage Affirmation Act, a comprehensive ban on civil unions, precluded him from doing so. It is cases like this one that are the reason the Marriage Affirmation Act, in Virginia, was passed. This effort to honor the public policy of the Commonwealth was enacted by a super majority of the elected legislature where the Vermont law was court imposed.
Using the courts to overcome popular will has been a tactic of the homosexual movement.
Public Advocate of the United States, www.publicadvocateusa.org, a pro-family group based in Northern Virginia, provided technical assistance on constitutional and Virginia law relating to homosexual rights, in this, now decided in Circuit Court in Winchester, Virginia with Judge Prosser upholding Virginia's Marriage Affirmation Act.
At 3:00 p.m. Tuesday, August 26, the Virginia Circuit Court heard arguments in a dispute between Lisa Miller, a former lesbian, and her ex-partner, Janet Jenkins, who is suing for joint custody of Miller's daughter who was born while the couple were together.
Ms. Miller conceived through artificial insemination during the relationship and her daughter was born while the couple was living in Virginia. Ms. Jenkins never sought to legally adopt Isabella, and the child has resided continuously in VA since September of 2003. Earlier, the Virginia couple had traveled to Vermont to enter into a civil union, because such unions are not recognized under Virginia law.
This case was a test for a battle to test whether states such as Virginia would be forced to recognize the civil unions and gay marriages entered into in other states such as Vermont and Massachusetts. If courts decide that the Full Faith and Credit clause of the U.S. Constitution applies to these relationships, then states will be unable to refuse to recognize them.
"This case goes down as one of the most important in Virginia, and maybe the nation's history for the pro-family movement," stated Eugene Delgaudio, President of Public Advocate.
"Ms. Miller keeps full custody of her daughter and the American family keeps its cherished right of self-governance. Judges in Massachusetts and liberals in Vermont, thanks to this rulling can not dictate family policy to families throughout America. It is a second wave of assault on the family that has failed. This attempt to export the homosexual lifestyle and policies otherwise not sanctioned in Virginia is stopped," Delgaudio continued.
"I thank my supporters who contacted Public Advocate, and commend Ms. Miller for her bravery and fortitude in taking this stand, and thank other supporters who have come foreward to help make it possible for Public Advocate to respond to this threat. I wish to encourage continued public support of our programs. Public Advocate will continue to fight to see to it that the rights of Ms. Miller and the rights of the American family are protected," Delgaudio concluded.
Copies of the legal briefs will be posted as they become available.
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