Associated Press
Wednesday, November 29, 2006

RICHMOND, Nov. 28 -- A Virginia appellate court sidestepped the issue of civil unions Tuesday in ruling that, because two former lesbian partners filed for their union in Vermont, that state's courts have jurisdiction in a custody battle.

The Court of Appeals of Virginia remanded the dispute between Janet Miller-Jenkins and Lisa Miller-Jenkins to a lower Virginia court and advised it to issue a new judgment recognizing Vermont's authority.

"By so holding, we do not address whether Virginia law recognizes or endorses same-sex unions entered into in another state or jurisdiction," the court wrote in its decision.

An attorney for Janet Miller-Jenkins called it a victory.

"This is exactly what we have been arguing since January of 2005 -- that the Virginia trial court had no business under either Virginia or federal law interfering with the decision of the Vermont family court," Joseph Price said.

Lisa Miller-Jenkins will continue to pursue the case, said her attorney, Erik Stanley.

The women were Virginia residents in 2000 when they traveled to Vermont to join in a civil union. Lisa Miller-Jenkins conceived a child through artificial insemination in 2001 while the couple were together, and a child, Isabella, was born the following April. They eventually moved to Vermont in August 2002.

In the fall of 2003, the women separated. After moving back to Virginia, Lisa Miller-Jenkins filed for a dissolution of their civil union, an action akin to a divorce, and sought custody of Isabella.

In June 2004, a Vermont family court granted Janet Miller-Jenkins visitation rights; that October, a Frederick County court issued a contradicting decision.

In August, the Vermont Supreme Court ruled that Vermont courts had exclusive jurisdiction in the custody battle, and on Tuesday, Virginia Appeals Judge Jere M.H. Willis Jr. agreed.