A couple of years ago, she tried her damnedest to keep her Vermont civil-union partner Janet Jenkins from visiting Isabella, the daughter Miller had when they were together. In what was doubtless shopping for a favorable court environment, Miller moved to Virginia and tried to gain sole custody. Vermont courts ruled for Jenkins on visitation. Virginia courts were befuddled, but eventually decided that federal law prevents crossing state lines to avoid custody rulings, so Vermont's high court holds.
Well, backed by the notoriously anti-gay Liberty Counsel, Miller gave it another shot in Virginia and lost again. Yesterday, Miller's effort to re-litigate through the Frederick County Circuit Court met quick dismissal by Judge John R. Prosser. He remanded the case to the juvenile and domestic relations court for enforcement to allow Jenkins to visit.
Prosser noted that a series of lower state courts through Virginia's high court had already ruled for Jenkins and supported the Vermont ruling.
That's that? Not for the anti-gay and anti-marriage equality bunch. As the Winchester Star put it:
Mathew Staver, founder of Liberty Counsel and dean of Liberty University's law school, said his client plans to appeal the case, arguing that Virginia courts shouldn't enforce Vermont's custody orders because of a state constitutional amendment barring same-sex marriage and the enforcement of same-sex civil unions.We're seeing the same head-butting fixations here, in California and elsewhere. California has that Proposition 8, after the legislature, courts and governor said marriage is the law of the land. Here, that Brian Camenker, disguised as an organization, MassResistance, has filed papers to start a petition drive to overturn repeal of marriage limiting laws here. Back when there was an organization of a vitriolic handful, and they had support from nationally connected anti-gay groups hoping to prevent and then reverse marriage equality in Massachusetts. MR tried.
It failed at everything. It couldn't stop or even delay the court decision legalizing same-sex marriage. It couldn't get a ballot initiative to reverse it. Name it, and put an F by MR's efforts.
Along the way, it's losses bled its money and body support, as happened with the Christian Civic League of Maine. They became dwindling parties, with hardly enough hate and bluster to warm the air in a closet.
Yet they don't stop or can't stop. Neither can Miller.
Perhaps one day she'll release a brief autobiography. She may reveal how much of this just another divorced person's control problem and whether politics were as potent as personalities here. It is dreadful that she meanwhile uses Isabella as a shield in the relentless battle.
I know Winchester well. That is one of the many sections of Virginia where social graces are very important. Let's hope that she notices how her neighbor's behave and stifles herself for the good of the child.
Tags: massmarrier, civil union, child custody, Virginia, Vermont