Vermont Attorney Lawyer

It is a painful history with a modern twist: a young couple in love, exchange vows and parents. Later, a party with custody of children left by a court to determine.

Lisa Miller and Janet Jenkins were joined in a civil union in Vermont in 2000, merged their behalf, and two years later, in Virginia to this small town in the western part of the country to start a new life.

Today, they are in a bitter struggle over 2 years of maiden name Isabella, a case that legal experts say it is important to fight for custody of same-sex unions since civilians been here four years ago and a test of the viability of marriage laws, state to state.

With more than 7,000 gay couples, civil unions in Vermont since 2000 and married thousands of others in Massachusetts, because this law that unions in May, what happens with children, if the end of this relationship is a legal question uncertain. Opponents have long argued that relationships sanctioned by some states and others for not doing chaos and moral confusion.

“This is the first thing I will present a long train of cases for gays and lesbians across the USA consider the idea of whether legal rights they have obtained the tender, or in some countries are recognized in other countries, “said Joseph R. A Price, a lawyer Janet Miller-Jenkins and the chairman of equality between Virginia, a gay rights defence group.

Lisa Miller-Jenkins, 35, birth to Isabella in Frederick County, Va., in 2002, after a pregnancy through in vitro fertilization, complain full custody in Virginia, which does not recognize civil unions. Janet Miller-Jenkins, 39, asked a family court in Vermont, the only state where unions of civil aviation are known for their award custody of the child and said that Lisa has barred him, Isabella Whereas, according to the Vermont It is a right Ko - the same parent.

Peter Hansen, one of Lisa Miller-Jenkins, a lawyer, he said neither his client is to discuss before the case is tried. “Insofar as we are touched only a simple custody case, which is, as we continue,” said Hansen.

The dispute has mobilized activists on both sides of gay marriage. Lambda Legal, a prominent gay rights Advocacy Group in New York, the board Janet, while Florida-based Liberty Counsel, who voted against homosexual marriage, he is back with Lisa.

“This is a shining example for the problems that we knew that if these things that the law did not specifically reference,” said Stephen Cable, President of Vermont Renewal, an organization made amid the backlash against civilians The unions, known as “Take Back Vermont” movement.

Cable said that, according to Lisa contacted his group for help this summer, he helped them find legal representation in Vermont and Virginia. Last month, the group has a later six letters fundraising and donor support that Lisa should have the right to custody because they Isabella “natural, responsible and loving mother.

The writing, said Lisa is a former lesbian and said that “with the help of advisers, a church, and [a] care and Christian brother, she began around them, life.

Lawyers on both sides that, while Vermont is probably the jurisdiction of this court reserve the right to custody cases, it is unclear whether the VA, working on the basis of a European civil law, it ‘ is not recognized. Under the “full faith and credit” clause of the U.S. Constitution, state courts in general and for the implementation of other states respect of judgments, but there are exceptions.

“The real test of strength is in Virginia, because any decision on the basis of civil union legitimacy would be against the value of exporters Vermont State law outside the borders is a dangerous precedent” , Said Mathew D. Staver, President and General Counsel of Liberty Counsel.

Staver said the group fought to prevent Georgia, a court to recognize a Vermont civil union, in one case, 2000 and 2002, he personally helped a Connecticut court did not resolve some Vermont’s civil of the Union, because it had no legal status in the country.