Today, the Virginia Supreme Court sidestepped the underlying legal conflict between Vermont same-sex civil unions and Virginia’s Marriage Affirmation Act ("MAA"). The MAA states that Virginia does not recognize same-sex marriage, same-sex civil unions or domestic partnerships. Today's ruling did not address the reach of the MAA. In the case of Miller v. Jenkins, Liberty Counsel represents Lisa Miller and her six-year-old daughter.

The Court also did not address Virginia’s state constitutional marriage amendment that bans same-sex marriage and similar same-sex unions. The Court did not address this amendment because the justices held that matter was not before the Court of Appeals. The amendment was actually passed after the case was argued at the Court of Appeals. Because the Virginia Supreme Court did not address the underlying legal conflict, the Court of Appeals ruling stands.

Lisa is the fit, biological mother of her six-year-old daughter, Isabella, with whom Janet Jenkins has neither a biological nor an adoptive relationship. In 2000 while living in Virginia, Lisa and Janet entered into a Vermont civil union. Lisa gave birth to her child in Virginia through artificial insemination from an anonymous donor. The relationship ended when Janet became abusive and Lisa became a Christian, leaving the lesbian lifestyle. In Virginia, where Lisa resides, the state law and constitutional amendment do not recognize any rights associated with same-sex unions. Vermont courts have granted Janet some parental rights over Lisa's daughter.

Following this ruling, Liberty Counsel will pursue two separate courses of action. First, Liberty Counsel is considering filing a separate action in Virginia, raising the state constitutional marriage amendment as a defense to the Vermont Civil Union. Second, Liberty Counsel will petition the United States Supreme Court to hear the separate court ruling from the Vermont Supreme Court.

This case illustrates that one state is not an island when it comes to same-sex unions. Liberty Counsel will continue this battle between Virginia and Vermont, between traditional marriage and same-sex unions, because so much depends upon it.

The only permanent solution to stop same-sex marriage from being recognized in this country is an amendment to the federal constitution stating that marriage is only between one man and woman.

Sign the petition for a federal marriage amendment, and we will let Congress know that tens of thousands of Americans want to preserve marriage as a union of one man and one woman. Your input will make a difference.

Support Liberty Counsel's defense of marriage. 

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Same-Sex Marriage: Putting Every Household at Risk

Anyone who cares about the future of our society should read this book. Children are among those most affected by same-sex marriage. This book discusses the impact same-sex marriage has on the culture and gives you real answers to the central questions surrounding this important issue. 

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