But in November 2003, Lisa Miller decided she was no longer a lesbian and filed for dissolution of the union. She took their daughter, now 4, back to Virginia. A lower court ruled that she was the sole parent and that Janet Jenkins had no parental rights to their daughter.
But today, the Court of Appeals of Virginia ruled that Lisa Miller must obey the custody and visitation agreement laid out by the Vermont Courts. "It is a big deal," said Kate Kendell, executive director of the National Center for Lesbian Rights. "The fact that the court would apply that rule of law objectively and fairly to a lesbian plaintiff is an enormously important victory for not only Janet Jenkins but for any lesbian or gay parent who may stand in her shoes." Read more about Virginia's ruling on the lesbian custody battle.