Tag Archives: State: Vermont

ADF attorney Jeremy Tedesco on the Zeb Bell Show to discuss the recent 2nd Circuit victory in the Vermont John 3:16 license plate litigation. | MP3 audio 13:41 mins

National Law Journal on Law.com: “A state law that prohibits vanity license plates containing religious messages violates the Free Speech Clause of the First Amendment, the 2nd U.S. Circuit Court of Appeals ruled Friday. The 2nd Circuit said a Vermont statute that barred a driver from obtaining a vanity plate referring to the Biblical verse . . . Jeremy D. Tedesco of the Alliance Defense Fund in Scottsdale, Arizona argued for Byrne.”

The U.S. Court of Appeals for the 2nd Circuit issued a ruling Friday that strikes down a Vermont motor vehicles statute that prohibits personalized license plates with messages that refer to “religion” or “deity.”

Associated Press: “There isn’t going to be a homecoming dance at Vermont’s Montpelier High School this year because of concerns about dirty dancing and student drug use.”

Vermont Public Radio (audio) interviews an attorney who advocated for marriage redefinition.

Associated Press: “A decade after Vermont became the first state to recognize same-sex couples, it is one of five states that have expanded beyond civil unions to offer full-fledged same-sex marriage. But it’s still a hotly debated issue in many parts of the country. Voters in California and Maine overturned same-sex marriage, and 29 states have passed laws or constitutional amendments against it.”

AP: “Lawyers for Lisa Miller argued their case Wednesday in Montpelier challenging a Family Court judge’s decision to award custody to former partner Janet Jenkins, of Fair Haven, Vt.”

WCAX: “The Vermont Supreme Court weighs in later this week in the long running custody dispute between former lesbian partners.”

Associated Press: “An 8-year-old girl at the heart of a long-running child custody fight between former lesbian partners may have fled to Central America with her birth mother, a lawyer for one of the women said.”

Associated Press: “Thirty-six years after Vermonters voted to unify the court system, Gov. Jim Douglas on Thursday signed a bill to implement those changes . . . Under the 369-page bill Douglas signed, probate court districts no longer will follow the borders of Vermont’s 14 counties; instead the courts will have five probate districts, with rural counties bunched together and the most populous, Chittenden, forming its own district. New probate judges will be required to be lawyers.”

Associated Press: “Eight-year-old Isabella Miller-Jenkins and birth mother Lisa Miller failed to appear for a court-ordered Jan. 1 custody swap in which Miller’s former partner, Janet Jenkins, was to get the girl.”

“New York’s top court says a woman whose lesbian partner gave birth following their civil union in Vermont has parental rights, including visitation.”

North Carolina Family Policy Council: “The leaders of the North Carolina House and Senate have consistently defended their inaction on the MPA by arguing that same-sex ‘marriage’ is simply not an issue for North Carolina . . . Meanwhile, the strong marriage laws of other states, such as Iowa, have proven to be no match for activist judges or politicians intent on overturning them . . . Efforts to get the marriage redefinition law on a referendum so that the people of D.C. could decide its fate—including a lawsuit filed by the Alliance Defense Fund (ADF) and Stand for Marriage D.C., and a last minute appeal for the U.S. Supreme Court to intervene—were not successful before the law went into effect.”

Times Argus: “But gay rights advocates say the organization’s “discriminatory” policies – it prohibits gay and lesbian adults from volunteering as troop leaders – should prevent the group from receiving any taxpayer money.”

LifeSiteNews: “The daughter of ex-lesbian Lisa Miller appeared to have suffered emotional trauma following forced visits with Miller’s ex-partner, according to sworn testimony submitted to a Vermont court.”

The Virginia Court Court of Appeals has issued this ruling in Miller v. Jenkins, No. 0705-09-4. (Va. Ct. App. Feb. 23, 2010). For more background on the case, click the case name tag below.

AP on Boston Globe: “A Vermont judge has ordered the arrest of a woman who has refused to turn over her 7-year-old daughter to her former lesbian partner.”

LifeSiteNews: “Judge Harrison of the Bedford County Juvenile and Domestic Relations Court ruled that because Miller’s whereabouts are unknown, it cannot be proven that she is aware of the court order to transfer custody of her daughter Isabella. He scheduled another hearing for May 19.”

Burlington Free Press: “Later that day, as Cardinal struggled at the hospital with numerous injuries from the crash, she learned that her twin fetuses — she was eight months pregnant — didn’t survive . . . egally it is as if her fetuses — a boy named Colin Patrick and a girl named Emma Margaret — meant nothing . . .  The legislation the two women want, however, ignites an electrically charged debate about abortion that has many lawmakers steadfastly opposed . . .  ”

LifeSiteNews: “Ex-Lesbian Lisa Miller has been given 30 days to transfer custody of her daughter to her former lesbian partner, or possibly face criminal penalties.”

Vermont Times-Argus: “A Rutland Family court judge is giving a Virginia mother at the center of a same-sex custody battle 30 days to comply with his order before he imposes sanctions that could include a warrant for her arrest.”

” . . . in what sense would a seven year old girl benefit from regular parental contact with an unrelated female now bitterly estranged from her mother? . . . ”

CNA: “In a case showing some ramifications of the legal recognition of same-sex unions, a Virginia woman has disobeyed a Vermont court order to turn over sole custody of her biological daughter to her former lesbian partner.”

Lambda Legal has posted this press release on behalf of the former lesbian partner who seeks to remove a child from the custody of her natural mother.

“A Christian woman in Virginia who was ordered to turn over her daughter to her former lesbian partner in Vermont did not do so by the set deadline, a lawyer for the second woman reported.”

Rutland Herald: “Abortion-rights groups – the Vermont-ACLU and Planned Parenthood among them – say the proposed legislation has the potential to undermine women’s rights by leading Vermont into a murky debate over abortion. Assigning legal status to unborn fetuses, the groups say, sets a dangerous precedent that could deteriorate women’s rights to choose.”

Boston Globe: “Vermont Family Court Judge William Cohen has ordered that Lisa Miller of Winchester, Va., turn over her child Isabella to Janet Jenkins of Fair Haven on Friday in Virginia.”

Christian Post: “The Virginia Court of Appeals heard oral arguments this past week on the issue of whether Virginia must enforce a custody order and visitation order arising from a dissolved Vermont same-sex civil union.”

Liberty Counsel: “Yesterday, Liberty Counsel appeared in court to defend Lisa Miller. The ACLU and Lambda Legal Defense Fund are seeking to transfer custody of Lisa’s biological daughter, Isabella, to Janet Jenkins, a lesbian living in Vermont . . . The prior litigation focused only on whether Virginia had to register the Vermont order. This case presents for the first time whether Virginia must enforce the terms of the civil union order, which Virginia law declares to be ‘void in all respects.’”

Boston Globe: “The Ethan Allen Institute’s report released Monday says Vermont is spending $250 million to $300 million more than it should on education.”

Report

“Family Court Judge William Cohen awarded custody of the 7-year-old to Janet Jenkins of Fair Haven on Friday after finding the biological mother, Lisa Miller, in contempt of court this year for denying Jenkins access to the girl.”

Boston Globe (AP): “Vermont Judge Christina Reiss (“Rice”), whom President Barack Obama has nominated to the federal bench, is up for a confirmation hearing on Wednesday.”

“Lisa Miller says that if she doesn’t hand her daughter over to her former lesbian partner later this week, she may lose custody of her.”

Boston Globe (AP): “The former stepfather of a slain 12-year-old Vermont girl was sentenced Friday to nearly 17 years in prison on child pornography charges that surfaced while authorities investigated her disappearance last summer.”

WPTZ: “former South Burlington high school student accused in a highly publicized teen ‘sexting’ case was sentenced to 90 days in jail and five years probation in Chittenden County District Court Thursday.”

Boston Herald: “Ben & Jerry’s is temporarily renaming popular ‘Chubby Hubby’ ice cream ‘Hubby Hubby’ beginning today to celebrate the start of legalized gay marriage in its home state of Vermont.”

WCAX.com: “Vermont’s gay marriage law is set to go into effect on Tuesday, September 1st. Supporters of same-sex marriage already are gearing up for what promises to be an emotional week.”

Boston Globe (AP): “A transgendered South Burlington High School senior is asking the Vermont Human Rights Commission to back an effort to require the state’s middle and high schools to offer genderless bathrooms.”

Liberty Counsel: “Earlier today, Liberty Counsel appeared in court to defend Lisa Miller from a complaint filed by the ACLU of Virginia on behalf of Janet Jenkins. The ACLU asked the judge to order Lisa to jail for not delivering her own daughter, Isabella, to Vermont for unsupervised visitation with Janet. The ACLU also requested Lisa to pay attorneys fees and costs. No jail time was ordered and the court rejected the ACLU’s request for money.”

Vermont Right to Life has filed suit to strike down three Vermont campaign finance laws which violate the First Amendment by regulating VRLC as a political committee, requiring identification on electioneering communications, and requiring reporting of mass-media activities.

Boston Globe (AP): “Vermont woman whose 6-month-old twin fetuses died after a car crashed into the family van wants them to be legally recognized as children, which is not the case under current state law.”

Fox 44 (AP): “Same-sex couples in Vermont can get married in the state as of Sept. 1, but so far, town clerks have received very few applications.”

Religion Clause Blog: “Yesterday’s Rutland (VT) Herald reported that the new policy would have banned religious celebrations in the schools, but would have permitted curriculum-related discussions of religion and the use of religious images in activities such as student art projects.”

The Hill: “A bipartisan pair of governors is opposing a new Defense Department proposal to handle natural and terrorism-related disasters, contending that a murky chain of command could lead to more problems than solutions.”

Leonard Link: “A New York Supreme Court Justice has ruled that the Supreme Court’s general equity powers can be used to dissolve a Vermont civil union. While dismissing the divorce petition filed in B.S. v. F.B., 2009 Westlaw 2195786 (N.Y. Supreme Ct., Westchester County, July 15, 2009), Justice Sam D. Walker stated that the dismissal was without prejudice to the plaintiff’s right to file a new complaint seeking a dissolution of the civil union.”

Boston Globe (AP): “Vermont Freedom to Marry says it spent more than $293,000 lobbying lawmakers and the public . . . ”

The Vermont Times-Argus reports: “In April, staff of the Forest, Parks and Recreation Department talked about ways to boost use of state parks, including how to increase reservations for gay marriages and accommodate couples who might now want to change plans as a result of the new law that goes into effect in September.”

Citizen Link: “This year, Vermont became the first state to legalize homosexual ‘marriage’ through the Legislature, which makes it easier for this kind of promotion of homosexuality and ‘transgenderism’ in public schools.”

The Volokh Conspiracy: “Do we want courts deciding when a person’s religious beliefs have been ‘violated’ rather than been made less comfortable? But while these are good questions, for the most part they do not seem particular to this proposal. They’re endemic in religious liberty law and protection.”

Sacramento Bee: “Marc Solomon, marriage director for Equality California, said his group is hopeful that the Iowa decision will have an impact on public opinion in California, where the state’s highest court must issue its second ruling on gay marriage rights by early June.”

Boston Globe (AP): “Members of the Judiciary Committee in the Vermont House say they want education to be part of the effort to crack down on the sending of sexually explicit cell phone messages between teenagers.”

Bill O’Reilly writes at Townhall: “Supporters of the sexting law say it’s necessary so that teenagers will not be prosecuted as sexual offenders and have their lives ruined. There is some validity to that as dopey kids do dopey things. However, the sane solution would be to categorize sexting as a misdemeanor breach of the peace, thus sending a message that it is unacceptable for kids to send other kids sexual images.”

Christian Century: In a similar vein, attorney Austin R. Nimocks of the Alliance Defense Fund, which opposed the same-sex marriage measure in Vermont, told Baptist Press that the legislature “made a profound social policy statement that mothers and fathers are not necessary for the family, and that the sex of a parent doesn’t matter.”

Vermont Gov. Jim Douglas says he doesn’t want to change Vermont’s laws to lessen the potential penalties for teenagers who use their cell phones to send sexually explicit pictures and messages. The House is considering a Senate-passed bill . . . ”

Patrick A. Trueman: OneNewsNow has posted this report quoting me on the problem of “sexting.” The latest on the issue is that the Vermont legislature is considering legalizing sexting for under-18 kids. Think about it: they want to legalize the production of child pornography by children!

HSLDA: “Vermont’s home study law is unique because it requires parents who wish to homeschool their children to prove that each child doesn’t have any disabilities. A disability can range from being deaf, to having a disease or having ADHD, like Zackery. Regardless, the parents must submit written adaptations and services, and if the Department of Education doesn’t agree with them a hearing is called. Vermont is the only state that requires parents to submit this form of paperwork.”

OneNewsNow: Vermont Senate Bill 125 will make “sexting” legal for teens ages 13 to 18 . . . “This is an outrage,” says Trueman bluntly. “It’s the only state in the union ever to consider legalizing the production of child pornography.”

Jennifer Roback Morse: “Taking this demographic malaise together with the general low religious practice, the whole region is a sitting duck for the further de-construction of marriage.”

Burlington Free Press: “Vermont’s Legislature is considering a bill that, if approved, would make the state one of the first in the nation to grant legal protections to teenagers who send sexually explicit photos and videos to one another with their cell phones.”

Joanna Grossman writes at Findlaw: “In this column, I’ll trace the history of marriage rights for same-sex couples in Vermont and elsewhere, focusing as well on the likely motivation for the Vermont legislature’s decision to move beyond civil unions.”

World Magazine: “. . . Alliance Defense Fund attorney Jim Campbell. “The California decision really involves the right of the people to enact constitutional amendments in their state,” Campbell said. “While it involves the definition of marriage, the legal issue is very distinct from what we saw in Iowa, Vermont and D.C.”

“If you don’t remember anything . . . remember 0% of states that have legalized same-sex ‘marriage’ have done so by the vote of the people . . . 100% of the states (30 states total) that have asked their voters . . . have defined marriage as between only one man and one woman . . . ”

NY Times: “New York and New Jersey are both closer to legalizing same-sex marriage than they were a year ago, but it still could be some time before either state acts. In New York the issue will likely turn on a handful of Republican votes in the Senate. (The Assembly has already passed a gay marriage bill by a comfortable margin.)”

Capital News 9: “But according to a Quinnipiac poll released Tuesday, only 41 percent of New York voters support legalizing gay marriage. Civil unions get 33 percent support while 19 percent want no legal recognition . . .” The report further quotes a spokesperson for Senate Majority Leader Malcolm Smith ‘. . . at the present time he does not believe there are sufficient votes in the Senate to pass the marriage equality bill.’”

Tips-Q.com: “. . . But apparently the Right’s standard talking points about ‘activists judges’ and ‘the will of the people’ aren’t going to work this this time, now that the Vermont has enacted marriage equality through the legislative process and so it seems as if they are struggling on how to respond.
Hours have now passed and we have not heard a peep out of any of the groups who traditionally use such developments as a cudgel with which they can wage their culture war – not the Family Research Council; not the Eagle Forum; not the Traditional Values Coalition; not the Alliance Defense Fund; not Concerned Women for America … not even Peter LaBarbera and his Americans for Truth . . . ”

FACTS: ADF covered the news immediately as it broke in the ADF Alliance Alert and issued a press release in short order. In addition, ADF attorneys appeared in numerous media outlets throughout the day.

Christian Post:
“Alliance Defense Fund, a Christian legal group, said that Vermont’s legislative action refutes the argument that civil unions are a satisfactory compromise to protect marriage. ‘This move also demonstrates without question that ‘civil unions’ are never acceptable middle ground,’ said ADF senior legal counsel Austin R. Nimocks. ‘Instead, they are the groundwork used to pave the way toward what you see today. Other states should not be naïve.’”

Townhall: “With its enactment, the Vermont legislature made a profound social policy statement that mothers and fathers are not necessary for the family, and that the sex of a parent doesn’t matter” Austin R. Nimocks, an attorney with the Alliance Defense Fund told Baptist Press.”

Attorneys with the Alliance Defense Fund say that the legislation is a textbook rebuttal of the argument that “civil unions” are a satisfactory compromise to protect marriage.

WCAX.com: “Vt. House and Senate have voted to override the governor’s veto of the same-sex marriage bill– legalizing gay marriage in Vermont.”

The Vt. Senate voted to override the governor’s veto of the same-sex marriage bill. This morning, the Senate voted 23 to 5 to override that veto . . .

Fox News: “Gov. Jim Douglas on Monday issued his promised veto of a gay marriage bill, setting up what’s bound to be a close vote in the House on Tuesday as supporters try to muster the two-thirds majority needed for an override. ”

“New England remains the nucleus of the same-sex marriage movement, with a campaign under way to extend marriage rights to gay men and lesbians in all six of the region’s states by 2012.”

Baptist Press: “Politicians should never impose a system that knowingly deprives a child of a mom and a dad,” Nimocks said in a statement. “All non-partisan research and plain common sense tells us that children need a mom and dad, so the issue is bigger than a ‘personal relationship.’

ADF Senior Legal Counsel Austin R. Nimocks. “All non-partisan research and plain common sense tells us that children need a mom and dad, so the issue is bigger than a ‘personal relationship.’ In the end, the question is this: Which parent doesn’t matter: a mom or a dad?”

Baptist Press: “Democratic National Committee Chairman Howard Dean Saturday publicly backed a Vermont bill that would legalize ‘gay marriage’ and urged fellow Democrats in the state to support it.”

“Vermont Gov. Jim Douglas says he will veto a bill to legalize gay marriage if it passes the Legislature.”