Yesterday the Vermont Supreme Court set oral argument for September 7, 2005, on a case that pits the same-sex civil union laws of that state 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 a few days later on September 14, 2005. Mathew D. Staver, President and General Counsel of Liberty Counsel, and Rena Lindevaldsen, Senior Litigation Counsel, represent Lisa Miller in both cases.

Lisa Miller and Janet Jenkins were in a same-sex relationship for several years in Virginia. In December 2000, Lisa and Janet traveled to Vermont to obtain a civil union. They returned to Virginia, and while there, Lisa gave birth to a child through artificial insemination. Janet never adopted the child. Lisa and Janet later moved to Vermont and lived there for about a year before the relationship ended. Lisa, who has became a Christian, moved back to Virginia with her daughter. 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, thus refusing to recognize the Vermont order. In addition to the conflict of state laws, the cases involve the interpretation of the conflict between the federal Parental Kidnapping Prevention Act (which requires courts to recognize out-of-state custody and visitation orders) with the federal Defense of Marriage Act (which allows states to reject out-of-state, same sex unions). If the rulings of both courts continue to be in conflict, this case will proceed to the United States Supreme Court.

Staver stated: "Same-sex unions will inevitably cause havoc when the laws of one state collide with another. Children are caught in the middle of this conflict. Congress should amend the United States Constitution to preserve traditional marriage. In the area of marriage, it is difficult to quarantine the effects of marriage laws. Experimenting with marriage is not without consequences. This battle is for the people, not the courts. Let the people vote."

You can order our book Same Sex Marriage: Putting Every Household at Risk on our website.