Richmond, VA – Today Liberty Counsel filed a brief with the Court of Appeals of Virginia on behalf of Lisa Miller in order to protect her custody rights as the biological mother of a child born from artificial insemination during her Vermont civil union with Janet Jenkins. The case pits Virginia law, which does not recognize same-sex unions, against Vermont law, which recognizes same-sex civil unions. Ms. Miller is represented by Mathew D. Staver, President and General Counsel of Liberty Counsel, and Rena Lindevaldsen, Senior Litigation Counsel.

Lisa Miller and Janet Jenkins cohabited in a same-sex relationship for several years in Virginia. In December 2000, Lisa and Janet traveled to Vermont and entered into a civil union. Vermont is the only state to authorize civil unions. They returned to Virginia, and while there, Lisa gave birth to a child through artificial insemination. Lisa and Janet later moved to Vermont and lived there for approximately one year before the couple ended their relationship, in part because of Janet’s abuse. Lisa, who has become a Christian, moved back to Virginia with her daughter. Janet continues to reside in Vermont, where she filed a complaint to establish “parent-child contact.” Lisa filed an action in Virginia to determine parentage. The Virginia court issued an order determining Lisa to be the sole parent and refused to recognize the Vermont order.

At issue is which court order prevails. Vermont, which recognizes same-sex unions, has authorized “parent-child contact” of a nonparent (Janet) with the child of the biological parent (Lisa). However, Virginia’s Marriage Affirmation Act expressly forbids same-sex marriage or civil unions, and the Virginia court determined that Lisa has sole parental rights and has refused to recognize the Vermont order. The federal Parental Kidnapping Prevention Act (PKPA), codified at 28 U.S.C. 1738A, requires states to recognize out-of-state custody determinations, but the federal Defense of Marriage Act (DOMA), passed after the PKPA and codified in the same statute at 28 U.S.C. 1738C, expressly declares that states do not have to recognize out-of-state, same-sex unions. Liberty Counsel’s brief argues that the federal DOMA prevails over the federal PKPA on matters relating to same-sex unions, that Virginia law does not recognizes same-sex unions, and that any interference with Lisa’s parental rights to raise her child would violate her parental rights guaranteed by the federal Constitution. Liberty Counsel represents Lisa in the Virginia and the Vermont actions.

Staver, stated: “Same-sex unions will inevitably cause havoc among the states, and one state law collides with another. Since children are caught in the middle of this battle, Congress should move quickly to pass a bill to amend the United States Constitution to preserve traditional marriage. Let the people vote and put an end to this madness.”