Richmond, VA – Today, the Attorneys General of Virginia and Michigan filed amicus briefs at the Virginia Supreme Court in support of Liberty Counsel’s defense of Virginia’s marriage laws. Liberty Counsel also filed its brief in the case of Miller v. Jenkins, which 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. This is a precedent-setting legal battle between Virginia and Vermont over same-sex unions and the right of fit, biological parents against unrelated third parties.

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.

The Virginia Marriage Affirmation Act and the state constitutional amendment both declare that marriage is between one man and one woman, and both also ban the recognition of same-sex civil unions and domestic partnerships. However, the Vermont Supreme Court ruled that its same-sex civil union law should be applied in Virginia and awarded Janet Jenkins parental rights over Lisa’s biological child.

Liberty Counsel’s brief argues that Virginia has the right to define its own marriage policy, and a Vermont same-sex civil union becomes invisible at the border of Virginia and thus cannot be enforced in the Commonwealth. The amicus brief of the state of Virginia urges the Virginia Supreme Court to rule that the Vermont same-sex civil union is void in Virginia. If it is not, the brief states, then the state of Vermont will interfere with the sovereignty of Virginia. The brief of the state of Michigan, which also has a constitutional marriage amendment, supports the sovereignty of Virginia to define its marriage policy.

This case is the first of its kind in the country pitting the marriage policies of one state against the same-sex union policies of another state. If the Virginia Supreme Court decision clashes with the Vermont Supreme Court, the case will go directly to the United States Supreme Court.

Mathew D. Staver, Founder of Liberty Counsel and Dean of Liberty University School of Law, said: “Virginia law makes a Vermont same-sex civil union invisible. One state should not be allowed to write the marriage policy of another state and export same-sex unions beyond its state borders. Regarding same-sex civil unions, what happens in Vermont must stay in Vermont.”