US Supreme Court asked to decide legal battle between states over same-sex unions

by Allie Martin and Jeff Johnson
February 13, 2007

(OneNewsNow.com) - - The Christian public-interest law firm Liberty Counsel is asking the high court to take two cases known as Miller v.Jenkins. They pit Virginia law, which does not recognize same-sex unions, against Vermont law, which does.

The cases involve Lisa Miller, her biological child, and Janet Jenkins, Miller's former homosexual partner. Miller and Jenkins traveled to Vermont to obtain a civil union while living together in Virginia. Miller gave birth to a child through artificial insemination.

The relationship ended when Miller became a Christian and left the homosexual lifestyle, after which Jenkins allegedly became abusive. Miller now lives with her daughter in Virginia.

Vermont courts declared that Jenkins had parental rights over the child equal to those of Miller and ordered visitation. In what she described as an effort to protect her daughter from the immoral influence of her former lesbian partner, Miller defied the order. She is relying on Virginia law, which does not recognize any rights Jenkins claims, because the former couple's Vermont civil union is invalid in Virginia, and because Jenkins made no effort to adopt the child.

Liberty Counsel founder Mat Staver says the case is unique.

"These cases involving the same individuals with two different state laws really represent the tip of the iceberg in what's coming down the pipe," Staver said.

Staver points out that the Federal Defense of Marriage Act allows each state to define its own marriage policy.