'Civil Union' Legal Morass Expected to Climb to Supreme Court
by Allie Martin
August 7, 2006
(AgapePress) - - The Vermont Supreme Court has issued a ruling that pits that state's same-sex "civil union" laws against the law of Virginia. The court case involves former lesbian Lisa Miller, her biological child, and Janet Jenkins, Miller's former partner.
Several years ago, Miller and Jenkins, who resided in Virginia, traveled to Vermont to obtain a civil union. During their relationship Miller gave birth to a daughter through artificial insemination. Jenkins never adopted the child. But when Miller became a Christian -- and Jenkins became abusive, according to a news release from Liberty Counsel -- their relationship ended.
At that time, a lower court in Vermont gave Jenkins parental rights, including visitation -- which required the biological mother to take her child from Virginia to Vermont on a regular basis to visit someone who is unrelated to the child. Liberty Counsel, on behalf of Miller and her child, argued the case on appeal before the Vermont Supreme Court, which last week upheld the lower-court ruling.
Mat Staver | |
Mat Staver, founder and chairman of Liberty Counsel, says the ruling is completely wrong. "It's contrary to common sense and certainly to federal law known as the Defense of Marriage Act," the attorney says. As Staver points out, Jenkins should have no parental rights over the child. "Lisa Miller is the biological mother. She once was in a lesbian lifestyle but became a Christian and left Janet Jenkins," he states. Therefore, continues Staver, Jenkins has no parental right or authority over Miller's biological child. "And to say that she does clearly violates Lisa Miller's constitutional rights as a parent to direct the well-being of her own child," he notes.
Complicating the matter is the fact that the Vermont high court's order conflicts directly with a Virginia court that declared Miller to be the sole parent, and ruled that the Virginia Marriage Affirmation Act barred recognition of civil unions. Staver says Miller v. Jenkins is unique because it marks the first time the court of two states have issued conflicting decisions over a same-sex union case -- and that, he says, sets the stage for a Supreme Court battle.
"No doubt, [this case] will go to United States Supreme Court at some point because there is a direct conflict over the same person involving the same federal and state laws," he explains, "and it involves whether or not one state can superimpose its same-sex unions on another state. I don't believe it can."
The case is also pending at the Virginia Court of Appeals. Liberty Counsel expects that case to also make it to the Supreme Court if the appeals court upholds the lower Virginia court rulings.
Allie Martin, a regular contributor to AgapePress, is a reporter for American Family Radio News, which can be heard online.
