Predictions Coming True? Same-Sex Unions Playing Havoc with Family Law

by Mary Rettig and Jody Brown
January 4, 2005

(AgapePress) - In two separate cases, former lesbians who are now Christians are in a child custody battle with their ex-partner. A Christian attorney says one of those cases, taking place in Virginia, demonstrates conflicts between both state and federal laws.

In 2000, Lisa Miller and Janet Jenkins went to Vermont and entered into a civil union. They returned home to Virginia where Miller gave birth to a child through artificial insemination. The two then moved to Vermont.

After the relationship dissolved, Miller -- who has become a Christian -- took her daughter and moved back to Virginia. Jenkins filed a complaint in Vermont to have "parent-child contact." Miller took action in Virginia and the court declared her the sole parent of her daughter. The Virginia court, which does not recognize civil unions, also refused the Vermont order.

Mat Staver

Florida-based Liberty Counsel is representing Miller in the case. Mat Staver, president and general counsel, says not only are the states' law clashing, but federal laws are conflicting as well.

"There is the federal law known as the Parental Kidnapping Prevention Act, which says one state must recognize an out-of-state order involving custody," Staver explains. "But there is [another] statute, called the federal Defense of Marriage Act [DOMA], which says one state doesn't have to recognize an out-of-state, same-sex marriage or union, or any rights that come from such a union."

In a brief filed on Monday (January 3), Liberty Counsel argues that the federal DOMA prevails over the Parental Kidnapping Prevention Act on matters relating to same-sex unions. They also contend any interference with Miller's parental rights to raise her child would violate her parental rights guaranteed by the U.S. Constitution.

According to Staver, the case illustrates the need for a federal marriage amendment. "Same-sex unions will inevitably cause havoc among the states, and one state law collides with another," the attorney explains. "Since children are caught in the middle of this battle, Congress should move quickly to pass a bill to amend the U.S. Constitution to preserve traditional marriage."

Voters across the nation, he says, should be allowed to vote on such an amendment -- "and put an end to this madness," he adds.

Brad Dacus

Visitation Rights Awarded
A similar case is brewing in Utah, where the ex-partner of a former lesbian -- who is now a Christian -- has sued for visitation rights of the Christian woman's two-year-old daughter. Over objections that the religious and moral convictions of the Christian woman must be considered, the trial court ordered that visitation rights be awarded -- even though the ex-partner has no biological linkage to the child. Like Virginia, Utah does not recognize same-sex unions.

The case has been appealed to the Utah Supreme Court by the Pacific Justice Institute. Brad Dacus, PJI president, says he finds the case "particularly disturbing."

"A parent with newfound moral convictions should be allowed to cut the ties to the past -- if not for herself, at least for her child -- without interference by unrelated third parties and activist courts," Dacus says, adding that while he remains optimistic about the case, it demonstrates his firm will be doing "a lot of heavy lifting" in the coming year.