out in the mountains Financial Planning is important for anyone. For gay and lesbian partners it can be crucial. For same sex partnerships, proper financial planning can help ensure that you and your loved ones are properly protected. As a Financial Consultant, my goal is to meet your needs in a relationship based on trust and professionalism, working closely with your attorney or CPA to develop a strategy based on your unique situation and objectives. Call me for a free consultation. Mitchell Rosengarten Financial Consultant (802) 775-4371 or (800) 628-2132 90 Merchants Row Rutland, VT 05701 THIS IS WHO IE ARE. THIS IS HOW WE EARN IT." SMIIHBARNEYE Smth Bane; does not offer t:-ixot lega advice Please consultyour taidlega advisor for sum guidance 0200!! Citi roup Global Mattel: Inc Mariber SIPC Smtn Barney is a division aid SSVICE mak of Citigroup lobal Makets Inc aid its affiliate: aid is used aid registered throughout the world ClTlGROUP aid the Umbrella Device are trademarks and service marks or Citicorp or its affiliates aid are used and re imred throughout the world Tl-HS IS WHO WE ARE THIS is How WE EARN IT IS a sairice mat: of figroup Global Maketx lnc. f2\/\ 6‘ 92“3*‘a.S"°:; . . x 8 Burlington, VT 05402 & DANON, PC fax: fifiiél —— attomcy: —— _ inf l l .or Providinglegalsemi:esaddrassingissuesinipottarittoLGBTlOA inoividualsaridfariiilies-adoptions, mils, estdeplaririing, employrnentand Psychoanalysis Pastoral Counseling Individuals 6: Couples J tngiari orientation 9 Center Court River Road, Nor-thampton MA Putney VT 413-584-2442 802-387-5547 Janet Langdon, Mdiv, NCPsyA jliesl@sover'.net OUT in the MOUNTAINS crossin State Lines Conflicting ru ings may send custody case to Supreme Court Bv LYNN McNicoi. ambda Legal. the ACLU of Virginia. and Equality "irginia filed an appeal last month on behalf of a Vermont les- bian being denied visitation with her child who is with her biological mother in Virginia. Just weeks prior to the appeal, 21 Vermont judge ruled for the first time that both members of a same-sex civil union are the legal parents of a child bom to one of them. The case being fought across state lines could wind up in the Supreme Coun for a final deci- sion. it also challenges Virginia's anti-gay marriage law. which went into effect last year. Janet and Lisa Miller- Jenkins, after living together as a lesbian couple in Virginia for two years. traveled to Vermont to obtain a civil union in 20()0. After return- ing to Virginia, they decided to have a child together. and Lisa gave birth to lsabella in 2002. Several months later the family moved to Fair Haven. Vennont. because of Virginia's unwelcoming attitude toward gay families. The following year. the couple ended their relationship, and Lisa left for Virginia with their child. Rutland County Family Coun Judge William Cohen agreed to dis- solve the civil union last June and issued a temporary custody order for Lisa and visitation rights for Janet. But on July I. 2004 — the same day \'irginia's “.\larriagc Aflimiation Act" went into effect — Lisa asked a Virginia Judge to give her sole custody of their daughter. Citing the new aiiti-gay niarriagc law. which denies the validity of any other state's civil union or sunk‘-\C\ iiiamagc. the Frcdericl; (‘ounty Circuit (‘ourt approved her request. Janc-t‘s visits \\llh her daughter have been sporadic since thc decision. "I had quite a bit of contact with her (lsabella) until Virginia came out with that (laws l." Janet said. 4 Janet. who remains in Vermont where she runs a pre- school. said she did not formally adopt Isabella because she was advised the civil union would in effect define her as the child's other parent. "That is exactly why I'm here why we moved here." she said. Janet would have adopted lsabclla if the couple had stayed in Virginia. she said. but she would be in worse shape there because of the state's honiophobic climate. Lisa could not be reached for comment. Joseph Price. of the Washington. DC. law firm Arcnt Fox and lead attomcy for Janet Miller-Jenkins’ appeal. said Vermont clearly has jurisdiction in the case. “You can't have custody proceedings going on in two states." he said. “A Virginia court cannot modify a Vermont ordcr.“ “Shc (Janct) has rights both under Vermont law and under Virginia law." Price asserted — and under federal law as well. The Parental Kidnapping l’rc\cntioii Act. ti fcderal lLl\\. and \'irginia's l'nifortii (‘hild ('ustod_\ Jtiristlictiori and liiiforcenicnt Act. are both cited in llic appeal as lil\\s that clearly give the \"c-riiiont coun _]llfls(llL‘ll()ll. according to a news release from Lambda l/:gal. "This case presents the exact situation that the l’Kl’.»\ and l'(‘(’JliA lthc federal and Virginia laws] were designed to address." states the argument for the appeal filcd December X. 200-3. "A person seeking custody files an action in one state. She does not get the result she wants. Then, she files a custody action in a second state. where the lav» is more favorable to her claim. Both Congress and the Virginia legislature have found this gamcsmanship harmful to children and unacceptable. and prohibit the second state from exercising juris- diction. irrcspcctivc of any other public policy concerns." While both couns contin- ue to hold to their respective posi- lions, Jtidgc (‘olicn issued his deci- sion in late November giving parental rights to both panncrs of a civil union. (.‘olicn ruled the Miller- Jcnkins case can he set fora final hearing in the Rutland court to determine custody and child sup- port. Price is optimistic that the Virginia cour1 will do the right thing by accepting the appeal. He expects it decision sometime this spring. V l._win M('Nf(‘()I f.\' (I fI‘('(‘f(lIl(‘l’ wrilvr who liver in Iiiirliliglori. i ‘ ’ Doe‘ court awarded custody to and Burch has custody of J ' ‘ Burch, finding her to be her son pending the M M ‘n _ his “psychological par- court’: decision. While Vcnnont and V A Smart had a son together, am,” who while not bio- The ACLU of Virginia courts continue at Zachary, who was born in A logically related. acted as West Virginia filed a a standofl’ regarding the 1999. The couple raised ' his parent. But a circuit friend-of-the-court brief custody of a daughter of a Zachary together until court judge reversed the on behalf of Burch. The lesbian couple, another Smarr was killed in an ruling, handing Zachary court will hear oral argu- dasc in West Virginia also ’ auto accident in 2002. over to Smai-r's parents. merits in the case this involves the custody of a Smarr's parents The case is now before spring. — LM. V child of lesbian parents. attempted to gain custody the West Virginia Tina Burch and Christina of the boy, but the lower Supreme Court on appeal,