WASHINGTON, DC – JUNE 7, 2008 – Arent Fox LLP today won a historic ruling from the Supreme Court of Virginia in a nationally watched custody battle testing whether states like Virginia that bar legal recognition of gay and lesbian relationships, will enforce judgments and judicial orders from states like Vermont, which do recognize same-sex unions.

Isabella, now six years old, has been the subject of a four-year custody dispute between her parents, Janet Jenkins, represented by Arent Fox partner Joseph Price, and Lisa Miller, who entered a Vermont civil union in December 2000. Isabella was born in April 2002.

After the two women ended their relationship in September 2003, they asked a Vermont court to dissolve their civil union. The court did so, and issued an order that awarded custody of Isabella to Lisa and provided visitation rights for Janet. Lisa then moved to Virginia, taking Isabella with her.

On July 1, 2004, the day the Virginia Affirmation of Marriage Act went into effect, Lisa filed a court action in the Frederick County Circuit Court in Winchester, Virginia, asking that she be declared Isabella’s sole parent, thus cutting off Janet’s visitation rights. However, Janet continued to assert those rights, and the Supreme Court of Vermont affirmed her claims.

Although the Frederick Circuit Court initially agreed with Lisa’s demand for sole custody, the Virginia Court of Appeals reversed, holding that Virginia must give full faith and credit to a final decision of the Vermont courts, and validating Janet Jenkins right to regular visitation with Isabella. This is the decision that the Virginia Supreme Court has now affirmed.

The case was argued in the Virginia trial, appellate, and supreme courts by Joseph R. Price of Arent Fox LLP, Washington, D.C. Cooperating attorneys were Gregory R. Nevins of Lambda Legal, Rebecca Glenberg of the ACLU of Virginia, and John L. (Jay) Squires of the Equality Virginia Education Fund.

Price praised the Virginia Supreme Court decision, saying “This decision is fully consistent with Virginia, Vermont and federal law relating to child custody disputes, and respects the requirements of the US Constitution’s Full Faith and Credit Clause. More important, the decision means that Isabella will have the support of both her parents as she grows up and that gay and lesbian parents can expect that they will be treated just like any other parents in a custody dispute, regardless of their sexual orientation.