Victory for Lesbian Mom

It's been nearly three years since Janet Jenkins began her fight to keep her relationship with her daughter, Isabella. But she's now one step closer to a reunion. The Virginia Supreme Court has rejected an appeal for sole custody by her ex-partner.

Jenkins and her former civil union partner, Lisa Miller, had raised a daughter together in Vermont. After their relationship ended, a Vermont court dissolved their civil union and awarded visitation rights to Jenkins. Miller then filed a different lawsuit in Virginia and successfully used that state's antigay constitutional amendment to have the lower court declare her the sole parent.

The conflicting court orders ultimately led to a decision from the Virginia Court of Appeals that recognized Jenkins’ parental status. The court rightly recognized that federal law protects parents against shopping around for a court to give them sole custody. It also reaffirmed the fact that Jenkins is a parent to Isabella. By rejecting Miller’s appeal, the Virginia Supreme Court let that ruling stand.

The case is Miller-Jenkins v. Miller-Jenkins.