Friday, August 04, 2006
This is going to end up before the Supreme Court before it's all over
MONTPELIER, Vt. (AP) — The state Supreme Court ruled Friday that Vermont courts, and not those in Virginia, have exclusive jurisdiction over a case involving two women battling for custody of a child they had while they were in a lesbian relationship.
The unanimous ruling conflicts with a series of decisions in Virginia, where courts ruled the state’s anti-gay marriage laws controlled the case.
Justice John Dooley wrote that Vermont civil union laws govern the women’s 2003 separation and subsequent child custody disagreement because they were legally joined in a civil union there in 2000.
“This is a straightforward interstate jurisdictional dispute over custody, and the governing law fully supports the Vermont court’s decision to exercise jurisdiction and refuse to follow the conflicting Virginia visitation order,” Dooley wrote.
The bullshit Virginia is trying to pull gives lie to the "think about the children" line these guys always use. Yes, let's think about the children. How about this little girl who has known both her mommies all her life. How much good is it going to do her to cut one of them out of her life? For no reason? There's nothing here to indicate that the woman is abusive or neglectful or in any way not a fit mother. The problem is she's a mommy and oops, baby's already got one of those. Sorry. Thanks for playing.
“It’s a classic conflict between two states over same-sex unions,” said Mathew Staver, founder and chairman of Liberty Counsel, which is representing Lisa Miller-Jenkins, one of the women in the dispute. “The real question there is whether or not a state can have its own policy that does not accept same-sex unions or whether they have to accept the union of another state.”
And that's why it's going to end up before the Supremes. Because yeah, I think you do have to recognize other state's unions. It's legal in this state to get married at 16. So, if a 16 year old gets married here and then moves to somewhere where you've got to be 18 to be married, are they automatically single again? No. Because states recognize each other's straight unions. This has caused problems in the past, as in cases where 14 year olds ran off to Georgia to get married, against their parents wishes. It was a big deal in the news not that long ago and ended up with Georgia changing it's laws? Why? Because, historically, states recognize each other's marriages.
How hard is that, really? Of course, that doesn't mean the zealots are going to rule that way. Who cares that there are decades, maybe centuries, of precidents. Toss those out when they aren't convienent and say you're following the rule of law. Bah.