"Ex-gay" Lisa Miller not charged in custody case

[eion]

Found one from the Virginia Supreme Court. I think its the one talked about in the OP

http://www.courts.state.va.us/opinions/ ... 070933.pdf

[Liberty]

Can't seem to find either the VT or VA rulings, do you have a link?

I imagine the VT one is quite direct, "Hand over the kid like you supposed to a year ago or I'll issue a warrant for your arrest."

VA is probably along the lines of, "While I might sympathize with Ms. Jenkins, Virginia law does not recognize their relationship. Ms. Miller is the rightful guardian of the child. I cannot issue a warrant for her arrest..."

Yet another reason to repeal DOMA.

This link is a good summary of the legal back and forths:
http://www.aclu.org/lgbt-rights/miller- ... about-case

The pertinent paragraph reads as follows:

In November 2006, the Virginia Court of Appeals held that the Virginia courts should not have ruled on Isabella’s parentage. Under federal law, once the courts in one state properly take jurisdiction over a child custody or visitation case, a court in another state cannot assume jurisdiction. The law is meant to prevent parents who are unhappy with a custody ruling from moving to another state to try to get a different result. The court held that Vermont had sole jurisdiction, and that Virginia must give full force and effect to the Vermont Court’s orders.

The entire 2006 ruling is here:
http://www.courts.state.va.us/opinions/ ... 654044.pdf

[eion]

Just finished reading the Supreme Court's ruling. They tossed out DOMA and Virginia's Marriage Protection Act pretty swiftly and upheld the Appeals Court ruling.

Which just brings us back to the idiot judge at the trial level not issuing a warrant and getting this poor kid into the arms of her sole legal parent.

[Liberty]

Just finished reading the Supreme Court's ruling. They tossed out DOMA and Virginia's Marriage Protection Act pretty swiftly and upheld the Appeals Court ruling.

The fact that they tossed out DOMA so easily surprises me too, but as the quotation I put above states, the question at issue is one of custody, and no couple that were legally married in any form can switch states to try to get a better custody ruling, apparently, so that's what determined the result in the end.

[eion]

Just finished reading the Supreme Court's ruling. They tossed out DOMA and Virginia's Marriage Protection Act pretty swiftly and upheld the Appeals Court ruling.

The fact that they tossed out DOMA so easily surprises me too, but as the quotation I put above states, the question at issue is one of custody, and no couple that were legally married in any form can switch states to try to get a better custody ruling, apparently, so that's what determined the result in the end.

Seems like it. Though now that I read it again, they just very carefully stepped over DOMA and the Virginia's Marriage Protection Act without directly addressing them due to one not being brought up in appeal and the federal law overriding the other.

Still doesn't help if they won't arrest this woman who's now kidnapping the kid.

[Darth Fanboy]

You're close, but slightly off here. If there were a man and a woman, they were married, and the husband turned out to be infertile, the couple could opt for artificial insemination using an anonymous sperm donor. The resulting child, born while the couple was married, would belong to the father as much as the mother. This is just what happened in this case: because two women cannot actually biologically have a child together*, they opted for Miller to be artificially inseminated using an anonymous sperm donor - actually, they picked a donor whose hair, eyes, intelligence, etc, matched Jenkins so that the child would look like both of them, and from what I read, she does. And this child was born while the couple was married. Therefore, Jenkins is not a step parent.

Does this clear that up?

Well it clears it up in that there is another similar scenario that provides precedence favorable to Jenkins and I am glad to hear it.

*Believe it or not I am actually aware of the fact that two women cannot concieve a child together.

[eion]

*Believe it or not I am actually aware of the fact that two women cannot concieve a child together.

...yet.

Every porn studio in the world is paying for the research to do it though, the german ones double.

[DPDarkPrimus]

*Believe it or not I am actually aware of the fact that two women cannot concieve a child together.

...yet.

Every porn studio in the world is paying for the research to do it though, the german ones double.

I highly doubt that.
Spoiler

I know you're trying to make a joke, but it doesn't work very well as a joke, either, because porn studios wouldn't want their actresses getting pregnant anyway - pregnant porn stars cater to a smaller viewing audience.

[eion]

You're right. It's late.

[eion]

*Believe it or not I am actually aware of the fact that two women cannot concieve a child together.

...yet.

Every porn studio in the world is paying for the research to do it though, the german ones double.

But when that day comes, no man shall be safe from the raging hoards of neo-Amazonians and their gonad scythes.

Better?

[Surlethe]

Okay, enough tangent. Back on topic.

[eion]

Judge in VT just issued the warrant.

Now we just have to hope that the kidnapper (formerly known as "mom") is stupid enough to go driving and get pulled over.

Here's the missing persons report

Keep an eye out.