Montpelier, VT – Tomorrow at 11:00 a.m., the Vermont Supreme Court will hear oral argument on a case that pits the state’s same-sex civil union law against the laws of Virginia, which preserve marriage as one man and one woman. The Virginia Court of Appeals will hear arguments on the same case next week – September 14. Mathew D. Staver, President and General Counsel of Liberty Counsel, and Rena Lindevaldsen, Senior Litigation Counsel, represent Lisa Miller in both cases.

The cases involve Lisa Miller, her biological child, and Janet Jenkins. Lisa and Janet traveled to Vermont to obtain a civil union while living in Virginia. Lisa gave birth to a child through artificial insemination. Janet never adopted the child. The relationship ended when Lisa became a Christian and Janet became abusive. Lisa is no longer a lesbian. She resides with her daughter in Virginia. A Vermont court awarded Janet “parent-child” contact and visitation. A Virginia court declared Lisa to be the sole parent and ruled that the Virginia Marriage Affirmation Act barred any recognition of civil unions. In addition to state law, the cases involve the application of the federal Parental Kidnapping Prevention Act (which requires courts to recognize out-of-state custody and visitation orders) and the federal Defense of Marriage Act (which allows states to reject out-of-state, same-sex unions).

The Miller v. Jenkins case is unique because it represents the first time that the courts of two states have issued conflicting decisions over the same same-sex union case. It is also the first case to involve dueling federal laws. If the rulings of both courts continue to conflict following their decisions later this year, this case will proceed to the United States Supreme Court.

Commenting on the case, Mathew D. Staver stated: “It is a mistake to conclude that one state’s experiment with same-sex unions will not affect another state. Same-sex marriage or civil union laws will collide with the marriage laws of other states to create conflict, cause havoc and weave a tangled web. Children will be caught in the middle of this conflict. I call on President Bush and Congress to act now to amend the United States Constitution to preserve marriage as one man and one woman. President Bush should move forward with the marriage mandate that propelled him into office. While Social Security reform may be needed, Social Security was not the President’s mandate. Real social security begins by protecting marriage and the family.”

Mat Staver to Appear on Dr. Phil Today

Mathew Staver and Linda Forsythe (f/n/a Kantaras) will appear on the Dr. Phil Show today, which is broadcast on ABC at 7 p.m. ET. Liberty Counsel represents Linda in the Kantaras v. Kantaras case, where a Florida appeals court rejected transsexual marriage. As a result of the ruling, Linda now has primary care of her biological children which had been removed from her by the trial court and given to a female transsexual.

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