The Vermont supreme court has unanimously granted custody to a lesbian who has been battling to become the guardian of the young girl she and her former partner raised together.
The ruling is in favor of Vermont resident Janet Jenkins, affirming a 2009 court order giving her sole physical and legal custody of Isabella Miller-Jenkins. Lisa Miller, Jenkins’ former partner, is still missing with their 8-year-old daughter, according to Gay and Lesbian Advocates & Defenders, which argued on Jenkins’ behalf before the supreme court.
Vermont “has determined that same-sex couples have the same rights and responsibilities as opposite-sex couples–thus, the sexual orientation of the parents is irrelevant in a custody determination,” the court wrote Monday. “We affirm the family court’s finding that Lisa had no justification for denying visitation to Janet.”
The court also added that because Miller fled with Isabella to “apparently defeat a court order,” her behavior is destructive for the 8-year-old’s best interests.
Of course, it was nearly a year ago that Miller was been ordered to hand over Isabella to Jenkins on the grounds that Miller had repeatedly defied court ordered custody arrangements, prompting her to kidnap her daughter and flee.
So I am sure that this ruling will just provide further evidence to Miller’s Religious Right supporters of the righteousness of Miller’s disappearance in response to these sorts of “unjust” court decisions.