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The sad custody battle over a seven year-old girl took another turn on New Year’s Day, when Lisa Miller, the biological mother of Isabella Miller, failed to turn the child over to Lisa’s former lesbian lover despite a court order to do so.

The details are probably familiar to you. Lisa Miller and Janet Jenkins joined in a civil union in Vermont. They moved to Virginia where Lisa was artificially inseminated and gave birth to Isabella. Shortly after that, Lisa left the homosexual lifestyle and became a Christian. She has battled Ms. Jenkins over custody ever since. Jenkins bases her right as a “parent” on Vermont’s civil union law, but Virginia law and constitution do not recognize the civil union.

Regardless, courts in Vermont and Virginia repeatedly have sided with Jenkins, recently culminating with a Vermont judge’s order for Ms. Jenkins to receive full custody of Isabella, which was scheduled to happen January 1.

The circumstances of this case are as heart wrenching as they are frustrating. It is our belief that the courts have failed to apply the law correctly, relying on Vermont’s civil union statute over Virginia’s constitution and the federal Defense of Marriage Act that is supposed to protect Virginia’s marriage laws. Instead, judges at nearly every turn have ignored our law in favor of Vermont’s.

As I was interviewed about this story by CNN on Friday, and then saw its report, it became clear that the ruse that civil unions are not considered marriage is over. Throughout the story, which you can view here, CNN refers to the union as “marriage,” at one point saying Lisa and Janet were “married in a civil union,” and continuing to refer to Janet as a “parent” despite having no biological or legal ties to the child. One thing is for certain, the homosexual lobby’s attempts to portray civil unions as something less than marriage have been destroyed by their own words.

It’s interesting to note that I was asked over and over again by CNN about Lisa’s decision to “violate the court order,” but I was never once asked about the judges in this case who over and over again violated Virginia law. Instead of asking about Lisa’s actions, we should ask how judges simply can ignore the parts of the law and constitution they don’t like in favor of other parts.

Finally, we need to continue to pray for Lisa, Janet — and perhaps most importantly Isabella — in this entire mess. It’s difficult to predict the effect this situation will have on Isabella’s future, but it’s hard to believe that it will be positive.

It took CNN a second year of her foul-mouth, but reports from entertainment circles today are that the cable news organization has banned so-called comedienne Kathy Griffin from its network after a series of lewd comments (see Rob Shuter of AOL’s PopEater), including the dropping of the “f-bomb” while co-hosting the network’s live New Year’s Eve program (AC360 blog). According to reports, even the hip news reader Anderson Cooper, the program’s host, has had enough of her. Of course, CNN didn’t seem to mind Griffin’s potty mouth last year. But better late than never, CNN proves even it has standards, however low they may be.

On the other hand, not that too many people seemed to mind heard Griffin since the show got lousy ratings. Griffin’s approach to “comedy” is pretty well established — shock and appall. She’s had a history of blasphemous remarks, for example. Which, of course, begs the real question of CNN’s motivation. Has it banned her because of her behavior or failure to deliver ratings? In this age, even a low, pragmatic standard from a major mainstream media cog is a positive sign.

Annotations & Elucidations

Even On New Year’s Day . . .

The News Stand is back after a Christmas/New Year’s break. Not much comment today. With a new administration and two months of General Assembly upcoming, there will be plenty of news upon which to comment in the days and weeks ahead. For now, take a look at some articles of interest to ween you back into the Virginia political mindset: The Wall Street Journal’s Brendan Miniter profiles Governor-elect Bob McDonnell while the Richmond Times-Dispatch and Roanoke Times bid adieu to Governor Tim Kaine; the Washington Times examines McDonnell’s call to eliminate the governor’s one term limit; the Washington Post looks areas of the Virginia budget that may no longer be sacrosanct from cuts; and the AP reports that 13 attorneys general, including outgoing Virginia AG Bill Mims, are  threatening a lawsuit over the pending nationalized health care legislation — and they are not all “red” state AGs, either. We anticipate that Attorney General-elect Ken Cuccinelli will continue Virginia’s participation in the proceedings should the legislation become law.  

But, just to show you it’s always something around here, in case you missed it, CNN called us for a New Year’s Day interview regarding the Isabella Miller custody case. So, below, we posted the video of the report which includes reporter Mary Snow’s interview with Family Foundation President Victoria Cobb.

News:

Back to GOP Basics (Wall Street Journal Online)

Parts of Virginia’s budget may no longer be off-limits (Washington Post)

Kaine had wins but took some lumps as governor (Richmond Times-Dispatch)

A term of crisis: Gov. Tim Kaine exit interview (Roanoke Times)

Va. GOP names new executive director (Richmond Times-Dispatch)

Va.’s McDonnell seeks end to term limit (Washington Times)

Va. mom fails to hand over daughter in custody dispute (Richmond Times-Dispatch)

National:

13 attorneys general threaten suit over health care (AP/Roanoke Times)

Video:

*Lesbian Custody Battle (2:13) (CNN.com)

Family Foundation President Victoria Cobb speaks to CNN on New Year’s Day about Lisa Miller apparently running away with her daughter, Isabella. 

In his thumping of Creigh Deeds Tuesday night, Bob McDonnell nearly garnered as many votes as . . .

Marriage.

Yup, that’s right. McDonnell’s 1,160,365 votes (as of this posting) fell just 168,172 short of the 2006 marriage amendment. That proposal received 1,328,537 supporters. Talk about a “bipartisan,” “center,” “mainstream” vote, marriage is the model. 

We also found some interesting tidbits from Tuesday’s exit polling (yes, I know, exit polling . . . but it makes for good fodder).

According to exit polling from CNN, 34 percent of those voting identified themselves as “Evangelical/Born Again” and, of that block, a whopping 83 percent cast their vote for Mr. McDonnell. Now, if you run the numbers that equates to nearly half of all voters that cast their ballot for McDonnell were of the “Evangelical/Born Again” group. (To our liberal friends, breath, breath . . . there you go, breath. It’ll be ok. Breath . . . .)

So, as all the pundits, experts, campaign consultants, etc. inform us that the campaign Mr. McDonnell ran is the “model” for future GOP candidates, lets all remember that the “model” only works if “the base” is motivated. Otherwise, well, see John McCain. And Jerry Kilgore. And . . . well, you get the idea.

On this day 40 years ago began the greatest adventure of human exploration: The launch of Apollo 11, the  flight that eventually set the first human feet on another world. How appropriate, then, that CatholicVote.org released the third in its “Imagine” video series today. (See the first one, that NBC and CNN refused to accept as a paid advertisement, here; and the second one, here.)

Life is another word for potential — creative and imaginative, daring and bold; achievements extraordinary and humble, all significant and fulfilling to humanity, waiting to be accomplished. We have no idea what the next baby will turn out to be. Maybe one born today will be the first human to walk on Mars. Twelve already walked on the moon.

When will America take “One small step for life”?

It’s too close to call. We need more exit polling to make a definitive decision. But you tell us if this is objective reporting. This is a CNN “reporter” who blatantly debates and insults a man carrying his child at the Chicago Tea Party yesterday. We report, you decide.

It was inevitable, I suppose. Those of us who believe in limited, constitutional government as envisioned by the Founders and who see the free market as most conducive to individual and family financial success couldn’t possibly be allowed to hold rallies in response to the new socialism coming from Washington without being labeled. After all, the postmodern liberal left lives for labels. So, what are all of us who simply want taxes to be reasonable? (Please, don’t call us anti-tax . . . we really do believe in limited taxation for a limited government, just not oppressive taxation that has no end in sight.)

Racist.

Yup, that’s right. Get a decent education, get a good job, wait until you’re married to have children, work endless hours, buy a house you can actually afford, make your mortgage payments on time, get frustrated over our government’s exponential growth and bailouts for those who made poor economic decisions and failed businesses, decide to stand with your fellow Americans in protest and you, my friend, are a racist.

At least that’s what our taxpayer supported friends at ACORN are telling the American people (using some of those tax dollars you greedy fringe wackos want to keep to feed your own children). 

As rumors spread that ACORN plans to crash Tea Parties planned tomorrow for over 250 locations nationwide, they are also putting the PR machine to work to try to stop the bleeding from Obama’s increasing unpopular money grab plan. And what better plan than go to your friends in the MSM and get the labels out there.

So are you intimidated? Planning to cower at home tomorrow so you won’t be seen on CNN under the banner “Racist Rally”? 

Somehow I doubt it. Then again, conservatives have seldom been intimidated by the label thing. 

Just don’t call me anti-tax!

Most people have taken today off, but we’re still here putting out the best of Virginia’s Web — and beyond — so you don’t go through political junkie withdrawal. So, what’s new? Seems — surprise! — liberal out-of-state groups are raising mega amounts of money and taking aim at Republican gubernatorial candidate Bob McDonnell. Already. Meanwhile, the non-partisan National Journal senses that independents may be trending back to the GOP. On the culture front, CNN reports illegitimate births are at an all-time high. Looking for irony? A Democrat busts McDonnell’s brackets and wins a dinner with the former A.G. (see previous comment).

News:

Democratic Groups Target McDonnell (Washington Post)

Democrats attack McDonnell, GOP on rejecting unemployment funds (Richmond Times-Dispatch)

GOP Fights Kaine on Jobless Benefits (Washington Post Virginia Politics Blog)

Democrat Deeds reports first-quarter fundraising  (Richmond Times-Dispatch)

Saxman Latest Valley Delegate To Get Challenge (Harrisonburg Daily News-Record)

Ware says he’ll run for re-election (Roanoke Times)

Kaine names Del. Melvin to fill Portsmouth judge post (Norfolk Virginian-Pilot)

Democratic official wins dinner from McDonnell (Richmond Times-Dispatch)

National News:

Out-of-wedlock births hit record high (CNN.com)

Are Independents Going The GOP’s Way? (National Journal)

News:

Anti-blight bill approved by House subcommittee (Norfolk Virginian-Pilot)

Two transportation bills to be introduced today (Norfolk Virginian-Pilot)

Rally marks Roe v. Wade anniversary (Richmond Times-Dispatch)

Pro-life activists march on court (Washington Times)

GOP fundraiser says he is in compliance (Richmond Times-Dispatch)

Payday lenders’ approach consternates Va. Lawmakers (Roanoke Times)

FDA approves human embryonic stem cell study (CNN)

The U.S. Military doesn’t fight and die overseas to protect our freedoms so that unscrupulous people in power back home can deny them their own constitutional rights.

When the news first broke late last week that the grossly partisan Fairfax County registrar, Rokey Suleman (contact here), was not going to count absentee ballots by military personnel, we were livid. This same man registered Fairfax County Jail inmates to vote earlier this month. (Why not? Captive audience, right?) But he wanted to deny the votes of hundreds of Virginians who are abroad fighting for our (including his) security and freedom. The gall of this man!

From the D.C. Examiner:

Inmates at the Fairfax County jail were encouraged to register and vote last week by (Democrat) elections officials making what the county’s (Democrat) sheriff called the first visit of its kind in his 30 years with the county. 

We were ready to blog about this absolute gross injustice — first brought to the public’s attention by Delegates Bill Janis (R-56, Glen Allen) and Scott Lingamfelter (R-31, Woodbridge), both military veterans (Delegate Lingamfelter was a tank colonel in the Gulf War) — when we just received a news release from the office of Attorney General Bob McDonnell announcing that he has written and issued an opinion that tells Mr. Suleman to shape up and count the votes! (Norfolk Virginian-Pilot article, here.) Delegate Janis last week officially requested the opinion from Attorney General McDonnell — himself a vet and whose daughter has been deployed to Iraq.  

At issue was a minor technicality (Richmond Times-Dispatch article, here) that no Virginia registrar had ever considered an impediment to the counting of the votes of overseas military personnel, especially since a federal law allows military personnel a waiver for the particular circumstance in question. Yet, Mr. Suleman, the jailbird cherry picker, proposed to be the first to ignore the federal law. (Human Events article here).

Another irony: Fairfax County is the home to George Washington. Fine way of continuing the tradition, Mr. Suleman, of respecting the U.S. Military, which your county’s most famous citizen did so much to form.

Meanwhile, where was Governor Tim Kaine on this issue? Not a peep. Isn’t he Barack Obama’s national co-chairman? Coincidence in his silence? We can tell you that besides travelling the country to campaign for liberal Democrats while the commonwealth’s finances are falling apart, Governor Kaine was busy restoring felons’ voting rights at such a dizzying rate that one wonders if he has diligently reviewed their applications. At this point last year he had restored a record 729 felons voting rights outdone only by this year’s blistering pace of 758, per Delegate Janis on WRVA radio Friday afternoon.

The right to vote is a cherished value in our country. Actions by Mr. Suleman and the governor, not to mention renegade groups such as ACORN (see the CNN column of Tara Wall, deputy editorial page editor of The Washington Times), devalue the votes of all law abiding citizens and the brave men and women in uniform who constantly defend us and our freedoms.

Posted below is the news release issued by the office of Attorney General Bob McDonnell. The link to the opinion itself is at the conclusion of the statement. 

McDonnell Opinion: Count Absentee Military Ballots

Opinion Finds Federal Law Preempts State Law; Federal Ballots without Witness Address Are Lawful, Must be Counted

Fairfax — Attorney General Bob McDonnell released a formal opinion today concluding that federal absentee ballots from overseas military voters lacking the printed name and address of a witness must be counted. The opinion affirms that federal law preempts state law, thus clarifying the state and federal statutes regarding the issue. The confusion centered over whether a state law requiring a witness’s printed name and address controls federal absentee ballots or the federal law governs this issue. The opinion was requested by Delegate Bill Janis (R-Henrico) and is attached to this release.

In the formal opinion the Attorney General finds, “It is . . . my opinion that the applicable provision of Virginia law, § 24.2-702.1(B), interpreted to require an overseas military voter submitting only a Federal Write-in Absentee Ballot to include the printed name and address of the person who signs the witness statement is preempted by the provisions of the (federal) Uniformed and Overseas Citizens Absentee Voting Act. Finally, it is my opinion that general registrars may not reject a Federal Write-In Absentee Ballot submitted by overseas military voters for the November 4, 2008 federal election that does not include a printed name and address for the person who signs the witness statement. …”

Approximately 100 Federal Write-In Absentee Ballots have been set aside in Fairfax County pending a legal conclusion regarding the discrepancy between state and federal law. Additional Federal Write-In Absentee Ballots may also have been received in other jurisdictions. The Federal Write-In Absentee Ballot is most commonly used by members of the military who are stationed overseas and have not received a state absentee ballot. It is a means by which service members can be guaranteed a vote in federal elections.

A copy of this formal opinion was provided to the State Board of Elections this afternoon.

Click here for Attorney General McDonnell’s official seven page opinion.