VT. CIVIL UNION NULL IN VA., JUDGE SAYS: From the Washington Post

A Winchester judge ruled yesterday that Virginia has jurisdiction over a complex custody battle between a toddler's biological mother and her former lesbian lover after the couple wed in Vermont and then split up. The decision dealt a blow to gay-rights advocates who said the case represented a chance for Virginia to recognize same-sex unions and the rights of non-biological parents.

Frederick County Circuit Court Judge John R. Prosser cited Virginia's Affirmation of Marriage Act, which specifically declares unions or domestic partnership contracts between members of the same sex void. He described the biological mother as the child's "sole parent" and said the laws of Vermont conflict with Virginia's and should have no bearing on custody. ...

"Because someone feels like a parent or acts like a parent doesn't mean they are," Barone said. "There's nothing in the civil union law that defines Janet as a parent." ...

Attorneys for Lisa Miller-Jenkins, who calls herself a "former lesbian," say she does not oppose visitation for Janet Miller-Jenkins, but she does not want her to be granted the same rights as a parent.

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