WASHINGTON, DC—April 17, 2008—Arent Fox partner Joseph R. Price today appeared before the Virginia Supreme Court to argue the case Miller-Jenkins vs. Miller-Jenkins on behalf of Janet Jenkins in the nationally watched, long-running custody dispute over a child born during the Vermont same-sex civil union of Janet Jenkins and her former partner, Lisa Miller.

“Janet Jenkins has been deprived of any meaningful contact with her daughter – whom she loves deeply – for more than three years,” said Price following oral arguments. “It is our sincere hope for Janet and her daughter that they will finally be reunited after this needlessly lengthy litigation in two different states and that Janet’s legal right to be with her child will be given full recognition by the Virginia Supreme Court as it has on four separate occasions by the Court of Appeals of Virginia and the Vermont Supreme Court.”

In December 2000, Janet and Lisa, who lived in Virginia, traveled to Vermont and entered into a civil union. Vermont legally recognizes same-sex civil unions.

They returned to Virginia to live as a couple. Lisa then became pregnant through artificial insemination.   Their daughter was born in April 2002 in Virginia.

They all then moved to Vermont where they lived for more than a year before the couple separated. Lisa, over Janet’s objection, took the child and moved to Virginia.

Lisa Miller then filed a lawsuit in Vermont seeking to have her civil union with Janet dissolved, and asking the Vermont Court to award visitation to Janet and require Janet to pay Lisa child support.  The Vermont court did so, granting Lisa custody, but also granting visitation for Janet and requiring Janet to pay child support.

Unhappy with the Vermont Court’s decision, and in an effort to deny Janet’s visitation rights, Lisa refused to comply with the Vermont court’s order and on July 1, 2004 – the same day Virginia’s Marriage Affirmation Act became law – filed suit in a Virginia court asking that the court rule that Lisa was the sole parent of the child and that Janet was not entitled to visitation rights.

Since that time both the Vermont Supreme Court and Court of Appeals of Virginia have each twice ruled that the Janet was properly awarded visitation.  The US Supreme Court has twice declined to hear the case.