Why is an ultra-right legal group supporting the custody suit of a lesbian mom? Nancy Polikoff, author of Beyond (Straight and Gay) Marriage: Valuing All Families under the Law
As Polikoff tells it, a Virginia appeals court last week rejected a visitation request by Christine, a nonbiological lesbian mom, saying it would not recognize a “de facto parent” or a “psychological parent,” unless she could provide “clear and convincing evidence” that the child would suffer harm from denying her visitation. The conservative Liberty Counsel filed a brief in support of the biological mom, Jennifer, saying “the “de facto” or “psychological” parent doctrine should be shot down before it undermines marriage and parents’ rights. Unlike Miller, Jennifer has not, to anyone’s knowledge, renounced her lesbianism, making the Liberty Counsel’s support very odd indeed.
Yes, that’s right, this happened in a Virginia court. If you’ve been paying attention, you’ll remember that the Virginia Supreme Court ruled last week that the state must enforce a Vermont court order awarding child-visitation rights to non-biological lesbian mom Janet Jenkins. Read Polikoff’s post for a full analysis of the difference and for the insight only a lawyer can provide. (And visit her own site for more on her and her book.)