Sep 17, 2004  |  By: ADRIAN BRUNE  | COMMENTS     

Despite a Vermont court’s ruling finding her in contempt, Lisa Miller-Jenkins, a “former lesbian” enmeshed in a contentious, interstate custody battle, again refused to comply with her ex-partner’s court-ordered visitation, paving the way for sanctions against her.

Attorneys for Janet Miller-Jenkins say they plan on petitioning Rutland Family Court Judge William D. Cohen to impose a large fine against Lisa, or to incarcerate the biological parent of 2-year-old Isabella until she agrees to obey the terms of a temporary custody order.

However, they will wait until filing an appeal with the Virginia Court of Appeals, asking it to reverse a lower court’s decision last month that granted Virginia — Lisa’s home state — jurisdiction in the dispute under its newly enacted civil unions ban.

“Our view is that we need to proceed with [Frederick County Circuit Court Judge John R.] Prosser’s mistake, and once we obtain a reversal, nothing will stop us from getting this contempt order enforced,” said Joseph Price, Janet Miller-Jenkins’ Virginia attorney. Price is also president of Equality Virginia, a gay rights group.

“Lisa still thinks she has the luxury of hiding behind Prosser’s order, but Cohen has a range of options, even ordering Lisa to return to the jurisdiction of Vermont to relinquish custody.”

The most recent chapter in the nationally monitored wrangle, which raises legal questions about civil unions and same-sex marriage, unfolded late last week as Janet Miller-Jenkins, 39, prepared to journey to Virginia from Vermont and bring Isabella back for a weeklong visit.

Instead of the trip “again resulting in naught for Janet,” Price said, he submitted a letter to lawyers for Lisa Miller-Jenkins, 33, asking them to notify him of Lisa’s intent — whether or not she would hand over the child.

Lisa’s attorneys, Peter T. Hansen and Phillip S. Griffin of Winchester, did not respond to the letter sent by fax, or the follow-up phone calls from Price.
“So I assumed that Lisa had no intention of complying and started preparing for our next step — an appeal, then sanctions,”
Price said.

‘Radical homosexual agenda’
Lisa Miller-Jenkins’ Virginia attorneys and her Vermont lawyer have all refused to comment on the contempt order after repeated requests from the Blade as well as from daily newspapers in Washington, D.C. and Vermont.

Instead, all publications received an e-mail notice from Kevin Blier, the executive director of Center for American Cultural Renewal — an organization involved in the revocation of Vermont civil unions that is funding Lisa’s legal proceedings — asserting his position as Lisa’s spokesperson for Lisa Miller-Jenkins.

The e-mail criticized recent news coverage, which he said, “uncovers a decisive tilt” in favor of Lisa’s ex-partner. Blier also condemned Janet for “exploiting the “young girl she claims to love as her own daughter,” and lauded Lisa’s refusal to talk to the press.

Last summer, Blier’s organization sent out a letter featuring a picture of Lisa with Isabella, soliciting funds to “protect Lisa and Isabella from being separated by Lisa’s ex-partner to further the extreme ideology of the radical homosexual agenda!”

When Judge Cohen issued the contempt order on Sept. 2, he did not impose punishment for Lisa. His goal, he said, was to ensure compliance with his earlier order granting Janet visitation until the court determines custody of Isabella. He sharply reprimanded Lisa, however, and declared his intention to appoint a lawyer to represent Isabella’s interests in Vermont.

Under normal conditions, the Full-Faith & Credit Clause of the U.S. Constitution would require Virginia to honor Cohen’s visitation order and his contempt ruling. But last month, Judge Prosser claimed that Virginia held jurisdiction over the custody lawsuit, invoking the state’s newly enacted civil unions ban, which invalidates all legal agreements “purporting to bestow the rights and benefits of marriage.”

Janet’s Virginia attorneys have said they will not participate in future lower court proceedings in Virginia, including an upcoming one in which Judge Prosser will determine custody and visitation rights — a replication of Vermont events.

They contend that Virginia shouldn’t take up a custody case already underway in Vermont under federal law and its own child-custody statute.

“We believe Judge Prosser does not have a right to hear this case,” said Price, Janet’s Virginia attorney. “He has ignored two laws to make a political statement, instead of objectively applying law to a case.”

Adrian Brune can be reached at abrune@washblade.com.