Liberty Counsel
NEWS RELEASE

Contact: PUBLIC RELATIONS DEPARTMENT - 800-671-1776

FOR IMMEDIATE RELEASE: August 29, 2007

Richmond, VA – Today Liberty Counsel presents oral argument in a precedent-setting legal battle between Virginia and Vermont over same-sex unions and the right of fit, biological parents against unrelated third parties. The case is Miller v. Jenkins and concerns the right of Lisa Miller to decide that Janet Jenkins, her former same-sex partner, should not be declared a parent to Lisa’s child.

Lisa is the fit, biological mother of a five-year-old daughter, with whom Janet Jenkins has neither a biological nor an adoptive relationship. Under the Vermont civil union law, the Vermont Supreme Court granted parental rights to Janet, who continues in her lesbian lifestyle. While living in Virginia, Lisa and Janet had entered into a Vermont civil union in 2000. Lisa gave birth to her child through artificial insemination from an anonymous donor, but the relationship ended when Janet became abusive and Lisa became a Christian. In Virginia, where Lisa resides, the state law and constitutional amendment do not recognize any rights associated with same-sex “marriage,” civil unions, or domestic partnerships.

Previously, the Virginia Court of Appeals ruled that despite Virginia’s marriage laws prohibiting recognition of any rights associated with same-sex couples, it had to recognize the Vermont order declaring Janet to be a parent of Lisa’s now five-year old daughter.

Liberty Counsel is now asking the Virginia Supreme Court to hear the case, reverse the decision, and uphold Virginia law. The Virginia Supreme Court requires argument before it determines whether to hear the case. If the court takes the case, the court will schedule briefs to be filed and set another round of oral argument. Rena Lindevaldsen, Assistant Professor of Law at Liberty University School of Law and Of Counsel to Liberty Counsel, will present the argument this afternoon.

Mathew D. Staver, the Founder of Liberty Counsel and Dean of Liberty University School of Law, said: "Virginia law makes a Vermont same-sex civil union invisible. Through the legislature and a constitutional amendment, Virginia has stated in the strongest terms possible that it will not recognize a same-sex civil union or any rights arising from such a union. Regarding same-sex civil unions, what happens in Vermont stays in Vermont."