Same-sex marriage and different states

Many wonder what would happen when a same-sex marriage or civil union breaks up and the former partners move into states that don't recognize same-sex marriage. The case of Lisa Miller and Janet Jenkins is one such example involving Vermont and Virginia law.

New York Times said:
Mother in Virginia Loses Bid to Void Same-Sex Ruling in Vermont on Child Custody

Virginia must honor a child custody order from a Vermont court issued after the breakup of a same-sex civil union there, the Virginia Supreme Court ruled on Friday.

The decision effectively granted parental rights to both members of a same-sex couple, notwithstanding a Virginia law, the Affirmation of Marriage Act, that makes same-sex unions from other states “void in all respects.”

A Virginia trial judge in 2004 had granted sole custody of Isabella Miller-Jenkins, now 6, to Lisa Miller, her biological mother, citing the Virginia law. Ms. Miller has said that she rejected homosexuality when she became a Christian, that she is Isabella’s only mother, and that she does not want her former partner, Janet Jenkins, to have visitation rights.

In 2006, a Virginia appeals court reversed the trial court’s decision, ruling that a 1980 federal law, the Parental Kidnapping Prevention Act, required Virginia to defer to the Vermont courts.

An appeal of the Virginia appellate decision was dismissed last year by the Virginia Supreme Court because it was filed too late.

Friday’s decision concerned an appeal by Ms. Miller of a related ruling from the appeals court, this one reinstating registration of a custody and visitation order from Vermont. Justice Barbara Milano Keenan, writing for a unanimous Virginia Supreme Court, said the attempt was improper.

“Each of the issues Lisa raises in this appeal was addressed and resolved in the first Virginia appeal,” Justice Keenan wrote.

Justice Keenan emphasized, however, that Friday’s ruling was binding “only with respect to the parties and the issues in the case before us.”

In concurring, Chief Justice Leroy Rountree Hassell Sr. went further, saying he believed that the appeals court’s first decision in the case was incorrect but that Ms. Miller had fumbled her effort to appeal it.

Mathew D. Staver, a lawyer for Ms. Miller, said she would ask the United States Supreme Court to review the decision of the Vermont Supreme Court. Mr. Staver added that Friday’s decision illustrated “the tangled web” created by civil unions in Vermont and the same-sex marriages available now in Massachusetts and soon in California.

“It embroils every other state around the nation in the debate over traditional marriage,” Mr. Staver said.
 
I only feel for the child, whether homosexual or heterosexual.
 
There was an incident where a Long Island doctor donated his sperm to a friend and her partner in the 1980's. A child was conceived, and the donor had limited contact with the boy. The moms moved their son to Oregon about 15 years ago, and there was little interaction between the man and child. However the lesbian couple then moved to court and demanded child support 18 years after the birth.
 
Regardless of your sexuality, a kid needs a mom and a dad not only financially but emotionally. I have always believed that homosexuality is a lifestyle choice not genetically embedded (for example the lady above who walked away from that lifestyle). You also have people with grown up kids leaving their wives and adopting a homosexual lifestyle.

Moves for example to have boys play with dolls to make them (I don't know why they think boys should play with dolls) are not good in my opinion. Let boys be boys (if they want to start wearing women's clothing later in life that's their problem but it is not forced on them).
 
I disagree with your last post. Young boys will play with "dolls" without any problems. Any item could be considered a doll, unless you specificially mean Barbies. Even my son has a few items that could be considered dolls (Backyardigan, Diego, Poohbear).

Even my sons trains could be considered doll like if you want to get all social expectations and norms with it. Its the same concept really, girls are supposed to play with barbies and baby dolls and boys with trains, gi joes, etc.

Kids dont NEED both a mother and a father. There are many single parents out there with no contact from the other parent. Plus many kids have a parent who died, and they cope and grow up to be what you may consider normal.
 
Regardless of your sexuality, a kid needs a mom and a dad not only financially but emotionally. I have always believed that homosexuality is a lifestyle choice not genetically embedded (for example the lady above who walked away from that lifestyle). You also have people with grown up kids leaving their wives and adopting a homosexual lifestyle.

Moves for example to have boys play with dolls to make them (I don't know why they think boys should play with dolls) are not good in my opinion. Let boys be boys (if they want to start wearing women's clothing later in life that's their problem but it is not forced on them).

O.K...I'll bite.

What the heck is wrong - i.e bad - with boys choosing to play with dolls ?
 
Kids dont NEED both a mother and a father. There are many single parents out there with no contact from the other parent. Plus many kids have a parent who died, and they cope and grow up to be what you may consider normal.


I agree with this wholeheartedly. I think the obsession with having two parents is silly.
 
Im gunna put it out there and admit to liking dressing up with my sisters at age three or so. I also had action men dolls. Im not gay at all neither do I have any problem with people being gay.

I dont think that these things have an influence on people later in life.

Emotionally children do not need a mum and a dad. Children need to be loved and know that they are loved whichever way this is achieved.
 
Regardless of your sexuality, a kid needs a mom and a dad not only financially but emotionally. I have always believed that homosexuality is a lifestyle choice not genetically embedded (for example the lady above who walked away from that lifestyle). You also have people with grown up kids leaving their wives and adopting a homosexual lifestyle.

Moves for example to have boys play with dolls to make them (I don't know why they think boys should play with dolls) are not good in my opinion. Let boys be boys (if they want to start wearing women's clothing later in life that's their problem but it is not forced on them).

This is incorrect. I did research on this and studies have shown that children of gay and lesbian couples grow up no differently than kids from "normal" families.

The studies also proved that kids from gay and lesbian couples grow up more tolerant and accepting of other people.
 
This is incorrect. I did research on this and studies have shown that children of gay and lesbian couples grow up no differently than kids from "normal" families.

The studies also proved that kids from gay and lesbian couples grow up more tolerant and accepting of other people.

Exactly, just another piece of research to support the idea that children need to be loved however that comes about.
 
Emotionally children do not need a mum and a dad. Children need to be loved and know that they are loved whichever way this is achieved.

Absolutely. I know plenty of people who have grown up in a single parent household and are no worse for the ware. I would much rather be raised by two women, two men, a single woman or a single man, than have an unstable mother/father household. So no, a child does not need to be raised by a man and a woman. I think an unhealthy father/mother household will do so much more harm than a healthy same sex household.

And for vaecicla:

Just for the record. It's not a lifestyle choice. It's biological. You can't decide what or who turns you on. And those people who left their "traditional families" to have a same sex partner did it because they finally woke up and realized that they were living a lie. They decided to be true to themselves. A lot of people had to force themselves to live against their natural sexual orientation because of the horrible amount of intolerance. It's a shame that society puts such a pressure on people to fit a certain mold. There is no one right way to be. There will always be variation, and there will always be people intolerant of it unfortunately. I think it all boils down to fear. Why should it matter anyway? Let people be the way they were born to be, guilt free and shame free. Judgment is just fear in disguise.
 
And for vaecicla:

Just for the record. It's not a lifestyle choice. It's biological. You can't decide what or who turns you on. And those people who left their "traditional families" to have a same sex partner did it because they finally woke up and realized that they were living a lie. They decided to be true to themselves. A lot of people had to force themselves to live against their natural sexual orientation because of the horrible amount of intolerance. It's a shame that society puts such a pressure on people to fit a certain mold. There is no one right way to be. There will always be variation, and there will always be people intolerant of it unfortunately. I think it all boils down to fear. Why should it matter anyway? Let people be the way they were born to be, guilt free and shame free. Judgment is just fear in disguise.


I disagree with this. I dont think sexual orientation is determined by genetics. I think the reason people live a lie is because society has determined it wrong to like members of the same sex. To protect themselves from the pain of being judged in a severely negative way, they hide it. We grow up being told that homosexuality is wrong, God will strike you down, yada yada yada. Nobody wants to be the odd person.
 
I disagree with this. I dont think sexual orientation is determined by genetics. I think the reason people live a lie is because society has determined it wrong to like members of the same sex. To protect themselves from the pain of being judged in a severely negative way, they hide it. We grow up being told that homosexuality is wrong, God will strike you down, yada yada yada. Nobody wants to be the odd person.

Yeah, I didn't say it was due to genetics. I said it was biological. There's a difference. There's still no proof that it's purely genetic, I think there may be some environmental factors such as the testosterone level in the womb and early, early brain development. There are so many opportunities for variation in development even if it isn't genetic. The point I'm trying to make is that most people who are gay say that they had no choice. Now, I know that a lot of lesbian and bisexual women do claim that it was a choice due to social reasons, but most still think their attraction towards other women was hardwired. But I think women in general just get turned on by the idea of sex, and aren't as discriminate when it comes to who/what turns them on.

I think it's really a combination of social/environmental factors and biological desires that really determines a person's outward sexual orientation. Sexual orientation is what you have no control over, and your outward sexual orientation is what you choose to show. It used to be that people felt pressured to take on a different orientation, and I agree, how you live is a choice, but your hard wired orientation is not. You can choose to be true to yourself or live a lie. Fortunately, more and more people are being true to their orientation. It is my stance that there's nothing wrong with any sexual orientation as long as the person is being true to their own desires.

Similar to what you said, a person can choose to be with whatever gender they want for whatever social reasons, but I personally don't believe they can consciously choose what turns them on. Like you said, the social pressures forced a lot of people to enter into traditional families. But they're not choosing to be heterosexual. They're choosing to act heterosexual, there's a difference.
 
Oh, I also found a great article. It examines exactly the issue I was explaining. Some of it I disagree with, but some I agree with. I think it's a pretty well written article. It will give everyone something to think about, both the people who support homosexuality and those who don't, because it examines both sides.
 
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