Sunday, December 19, 2004

Walter Olson takes on the Vermont-Virginia same-sex custody battle

In this post, Walter Olson offers his take on the Virginia-Vermont same-sex custody battle, blasting a National Review Online article by David Frum.

Olson says the central issue is this: "can a party dissatisfied with a custody outcome litigated in one state ignore a resulting court order while reopening proceedings in a more favorable state?" So far, the answer in Virginia is yes, at least where the outcome in the first state is based on the rights of same-sex couples which are at odds with the public policy of the Commonwealth.

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