The Virginia Supreme Court heard arguments yesterday in an unusual, long-running interstate battle over a 6-year-old girl between two women who say they are her mother.

The court heard differing views on whether Virginia's ban on same-sex marriages and civil unions trumps a Vermont court's child visitation order in a dispute between two former lesbian partners.

After the hearing, more emotional statements on both sides illustrated why the fight has become a lightning rod for conservative, family, liberal and gay-rights activists.

For all that is exceptional about the case, there is more than a whiff of the same sort of acrimony that is present in many custody disputes between men and women.

At the center is Isabella, artificially conceived and born in Virginia on April 16, 2002, to then Lisa Miller-Jenkins. Lisa had entered into a civil union in Vermont with Janet Miller-Jenkins the year before.

After Isabella's birth they moved to Vermont. The relationship fell apart and Lisa, now Lisa Miller, returned to Virginia with her daughter in 2003.

Later that year at Miller's prompting, a Vermont court granted a dissolution of the union giving her primary custody and her former partner, now Janet Jenkins, visitation rights.

Miller, a Winchester resident, became a born-again Christian opposed to lesbian relationships and went to court in Frederick County where she won an order making her the sole parent and denying Janet custody and visitation rights.

The judge cited Virginia's Marriage Affirmation Act, that went into effect July 1, 2004, barring civil unions between people of the same sex. In 2006, Virginia's voters approved the marriage amendment to the Virginia Constitution.

Janet Jenkins appealed to the Virginia Court of Appeals, which in 2006, reversed the Frederick County ruling, saying the U.S. Parental Kidnapping Prevention Act trumped the Frederick County court's ruling on behalf of Miller.

The federal law requires each state to respect the child custody and visitation rulings of other states. It was enacted so a parent unhappy with a custody ruling in one state can't turn to another state to get a different ruling.

In ruling, the Court of Appeals made it clear: "we do not address whether Virginia law recognizes or endorses same-sex unions entered into in another state or jurisdiction."

Miller appealed to the Virginia Supreme Court leading to yesterday's hearing.

Justice Elizabeth B. Lacy asked how, under the Parental Kidnapping Prevention Act, Virginia did not "have to give full faith and credit to the jurisdiction of another state."

Mathew D. Staver, one of Miller's lawyers, said that there is an exception to the law when it comes to enforcement. He also said, "the Vermont same-sex civil union is invisible in the commonwealth of Virginia."

But Joseph R. Price, one of Jenkins' lawyers, insisted that, "there is no exception allowing Virginia to substitute its law for Vermont's."

Outside the Supreme Court after arguments yesterday, Price reiterated that, "civil unions have nothing to do with this case." He said it is simply an issue of Vermont child custody rulings being recognized in Virginia.

Not so, countered Staver in his own news conference. "This conflict now is over civil unions, whether or not Virginia is going to remain sovereign," he said.

"The future of Isabella is hanging here in the balance," he said.

Victoria Cobb, president of The Family Foundation of Virginia, agreed with Staver. She said, "the law in Virginia is perfectly clear -- we do not recognize same-sex marriage, civil unions, or any other pseudo-marriage relationship."

Miller said after the hearing that "Janet is not a parent . . . plain and simple." The years-long struggle has negatively affected her daughter, Miller said.

In a statement released by a gay-rights legal group supporting Jenkins, Jenkins said, "I love and adore my daughter and I am going to honor my commitment to be a parent."."

Each side blamed the other for the paucity of visits between Jenkins and Isabella. Miller said Jenkins last saw the child in December.

The court is expected to rule by June.

Contact Frank Green at (804) 649-6340 or fgreen@timesdispatch.com.