Landmark Decision from Vermont

In our increasingly homophobic society, a Vermont family court judge has issued some good news–both members of a same-sex civil union are legal parents of a child.
Four years ago Janet Miller-Jenkins and Lisa Miller-Jenkins entered into a civil union in Vermont. Two years later, after undergoing artificial insemination, Lisa Miller-Jenkins gave birth to a daughter. The couple then moved from Virginia to Vermont. When the couple split up earlier this year, a custody battle ensued. A Virginia trial court judge gave full custody to Lisa Miller-Jenkins, claiming that Janet Miller-Jenkins was “no more than a friend.” Using Vermont law, Judge William Cohen reached a *much* different conclusion.
“Parties to a civil union who use artificial insemination to conceive a child can be treated no differently than a husband and wife, who, unable to conceive a child biologically, choose to conceive a child by inseminating the wife with the sperm of an anonymous donor.”
“Under Lisa’s interpretation of the law, because there is no established precedent in Vermont, the husband would be no more than a mere stepparent and would be required to adopt the child in order to be considered a parent in the eyes of the law. This argument is without merit.”
This decision is the first of its kind. Professor Michael Mello of Vermont Law School explains that: “It’s a landmark decision, and it’s a no-brainer under Vermont law. It shouldn’t be controversial and the only reason it is, is because it involves a civil union.” Let’s just hope the judge on appeal sees things this clearly.