As my partner and I contemplate parenthood, I have been following this story closely.
If you're not familiar with the story, Lisa Miller and Janet Jenkins were joined in a legal civil union in Vermont in 2000. The couple decided to have and raise a child together. Isabella was born to Ms. Miller through artificial insemination in 2002. Under Vermont law, both women are legal parents.
The couple broke up in 2003. Ms. Miller moved to Virginia, renounced homosexuality and became an evangelical Christian. When Judge William D. Cohen of Vermont Family Court dissolved the couple’s civil union, he awarded custody to Ms. Miller but granted liberal visitation rights to Ms. Jenkins. The judge said he treated the custody case the same as he would any heterosexual married couple who was getting divorced.
Ms. Miller refused visitation to Ms. Jenkins. Judge Cohen then awarded custody to Ms. Jenkins on Nov. 20 after finding Ms. Miller in contempt of court for denying Ms. Jenkins access to the girl [from the New York Times].
It now appears that Lisa Miller has ceased contact with her attorneys and has disappeared with Isabella: Lisa Miller Fails to Hand Over Daughter Isabella to Her Former Lesbian Partner Janet Jenkins on New Year's Day. - ABC News
Miller has said, ‘I do not feel safe leaving my daughter with her [Janet Jenkins], and I believe I have a God-given and constitutional right to raise my child as I see fit. There is a homosexual agenda at work here, and Isabella is a pawn in their game.'
A right-wing group has formed the "Protect Isabella Coalition" http://www.protectisabella.com/ The Coalition sees the case as an example of 'judicial tyranny' and has posted on their site: "Isabella Miller did not arrive in the world in ‘the usual way’. Her ‘dad’ is an anonymous sperm donor. The only father she really has known is her Heavenly Father, thanks to the love and godly teaching of her real (biological) mother and role model, Lisa Miller."
To the best of my research, a Coalition has not formed in support of Janet Jenkins.
In thinking about this story, considering the following:
1. Miller claims she has a "God-given and constitutional right" to sole custody. What are your thoughts about blending "God-given" and "constitutional"? How does this framing impact the marriage debate?
2. Why is there a right-wing group championing Miller, but doesn't appear to be a left wing group in support of Jenkins?
3. As an LGBT community, how do we create relationships and families that protect us all, given that the legal system has not kept pace with us? What kinds of steps have you or will you take when partnering and/or having children?
What are your thoughts?
Monday, January 4, 2010
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2 comments:
Jenkins' coalition is the entire Judicial branch of government, Federal and both states as my reading of the coverage goes. With the law clearly on her side, the need for a grass roots movement is small. Your point may stand however: would we be standing ready to confront the police if the judge had ruled differently? And should we?
Thanks for your comment, Joshua. When I read your statement, "With the law clearly on her side, the need for a grass roots movement is small" I was nodding my head in agreement - that makes sense to me.
But then I thought about school integration in the 50's and 60's and how it took the National Guard to enforce the law - still a legal response...but it was backed by grassroots. I imagine Jenkins would appreciate knowing she has community support beyond the legal system.
Part of my question is also wondering if the LGBT community is nervous to line up behind someone whose legal relationship ended after a year. Sometimes as a community, we want to 'hide' relationships that don't last, for fear that the Right will use it to judge us. Just wondering...
Thanks again.
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