Friday, November 10, 2006

Same Sex Marriage - an oxymoron?

Consider the case of Vermont vs. Virginia....


Two women, Janet and Lisa were in a civil union. Now, when Lisa gave birth to "their" only baby, Isabella - Janet was there ... in fact she was the one who cut the umbilical cord ...
Because of the conservative nature of Virginia law, they moved to Vermont soon after Isabella’s birth.
Several years later, wacha wakakosana. Lisa argues that she has converted to Christianity, and that she condemns gay unions of any shape OR form. She thus severs her relationship with Janet.
But then there is the little matter of child custody. Janet argues that even though she is not the biological mother, she is entitled by virtue of their former civil union, all the visitation rights granted by law to straight couples who end up separating.
Lisa will have none of it. She is now a staunch Christian and argues that her new found faith cannot permit her to allow such visitation.
This is a landmark case, courts will have to set precedents. Conveniently, Janet’s lawyers are gay rights campaigners. Not to be outdone, Lisa’s lawyers have the ears of the evangelicals who argue that the mere concept of “same-sex marriage” is an oxymoron…
The issue now is not about these Janet and Lisa – it is about 2 diametrically opposed sides trying to advance their agenda in the court system. Lisa and Janet have now become pawns. Neither side can afford to lose because the precedent rulings will have severe implications for the losers.
What’s also interesting is that this case tests the supremacy of federal law over State laws.
Janet's lawyers, acting in their interests sue in the very liberal state of Vermont.
Ruling: Visitation granted.
Lisa’s first step is to switch residency back to Virginia. Her lawyers then countersued in the conservative Virginia.
Verdict: No visitation.
Janet appeals in Virginia.
Lisa appeals in Vermont.
I’d hate to be the judge deciding this stuff…what a dilemma !

4 Comments:

Anonymous Anonymous said...

Is this case for real?

2:39 PM  
Blogger 3N said...

if it is for real, it will end up going to the Supreme Court. This issue will have to be decided once and for all by the SC. I predict since the court is conservative, they will not allow the term "marriage" being used anywhere near same sex couples.
maybe civil union.

2:54 PM  
Blogger jm said...

@ Acolyte ... as real as your premolars ...lol
@ 3N: touchy issue no doubt ...

3:01 PM  
Blogger Trybless said...

yeah, that case is very crazy. but the person who is really gonna be messed up by this is the young kid

4:02 PM  

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