Debate, and discuss, just dont Bore me.

Right or wrong, and I will not take a stand here, this is why there needs to be a national concensus.  At the least.

It seems that a Virginia Gay Couple decided to go to Vermont to get "Unionized".  3 years later they split up.  The Virginia Courts (not the most conservative, but definitely not liberal) adjudicated the issue and awarded sole custody to the Biological mother.  The other fought and lost at every turn.  Until she went back to Vermont.  Where the Vermont courts are saying since they granted (Vermont, not the courts) the union, they have jurisdiction.  Even though, technically, neither was ever a citizen there.

So now we have a standoff.  The Biological mother can stay in Virginia and never worry about Vermont.  But should she travel outside the state, the other state may be more ameniable to the Vermont courts and grant its ruling.  In effect, one parent is trapped in a state.  The other begging to drag the child into a more friendly state.

And THAT is contrary to everything the US is built upon.  No 2 states can have opposing rulings on the same issue!  For then it deprives all citizens of the rights of the United States.

Agree with either V, but you cannot agree that this Dilemna is good.  And as much as I hate more laws or more amendments. It is time that we had one.  Even if it is that the civil unions in one state cannot trump the laws of another (the worst scenario).

This is not good.  And I cannot see how even the most ardent gay rights activist likes this ruling.  It does nothing for their cause.  Indeed, it promotes just the opposite.  It emboldens the opponents to say "See?  I told you so".  Indeed they did.

For the poo pooers that said this would never happen, the future does make liars out of you, does it not?

And at the center is a child.  Lest we forget.  I think the principals and the courts have forgotten that.


Comments (Page 3)
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on Aug 09, 2006
I know that the issue here is about courts - state versus federal - but how is this different than any other custody argument? A non-biological "parent" doesn't have rights whether they are male or female, same sex or not.
on Aug 09, 2006

I know that the issue here is about courts - state versus federal - but how is this different than any other custody argument?

Actually, the issue is not state vs federal.  It is elected vs unelected officials making laws.

A non-biological "parent" doesn't have rights whether they are male or female, same sex or not.

And that is also not true, as that does vary by state as well.  But it is a good point in that most states do not get involved with those issues if the residents do not reside within their borders.  So why should Vermont care about a case outside of its jurisdiction?

on Aug 09, 2006
And that is also not true, as that does vary by state as well.


Will you tell me more about this? I'm interested, did the non-biological parent adopt the child? How does this work? Tell me about other states. THANKS!
on Aug 09, 2006
Will you tell me more about this? I'm interested, did the non-biological parent adopt the child? How does this work? Tell me about other states. THANKS!


That would take about 50 different comments. But some states, especially ones like California, give equal weight to a non-biological parent if that parent has adopted the child. Which I think is fair. If the non-bio parent is willing to accept 50% of the responsibility, unless there are mitigating circumstances (abuse and such), they should have an equal voice.

But other states are more bio centric and basically, if you did not sire or birth them, butt out. I think the latter is a bit outdated.
on Aug 09, 2006
Thanks,

So you're saying that in some states adoption is not equal?

I guess I don't know the background on the case in question. was the child adopted by the non-bio? How would an amendment fix this? Isn't it really about the courts and how a state (vermont) could think it would have jurisdiction? How would the amendment fix this part?
on Aug 10, 2006
So you're saying that in some states adoption is not equal?


It depends upon the type of adoption. IN other when a step parent adopts the children of their spouse. Open adoption, where neither parent is the biological one, would be treated like a normal divorce.
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