Today, Liberty Counsel filed a comprehensive response in federal court to the lawsuit backed by the Southern Poverty Law Center (SPLC) in the case of Jenkins v. Miller, et al. The legal Memorandum of Law is 116 pages, not counting affidavits. Liberty Counsel also filed a second Motion and Memorandum of Law raising Vermont’s anti-SLAPP, which prevents suits designed to restrict free speech.

While living in Virginia, Lisa Miller and Janet Jenkins entered into a Vermont same-sex civil union.  Lisa gave birth to her biological child, Isabella. For a brief period, they moved to Vermont. There Lisa became a Christian and left the lesbian relationship. Lisa moved back to Virginia and a visitation battle ensued between the laws of Vermont (which recognized the civil union) and Virginia (which did not). Liberty Counsel represented Lisa from late 2004 until she disappeared in September 2009.

A Vermont state court judge granted Janet visitation of Lisa’s biological child, even though she was not the biological or adoptive parent and Vermont precedent did not recognize such parental rights. Isabella knew very little about Janet as she was a baby at the time of the split. Lisa complied with the visitation orders, but she raised concerns to the Vermont judge which he never addressed. Lisa presented evidence that Janet read Heather Has Two Mommies to Isabella and told her she was her mommy. Janet bathed naked with her, which greatly upset young Isabella. Lisa advised the court that Isabella was having emotional problems over the visitation. She began wetting her bed, clinging to Lisa, and even tried to harm herself. The case became a nationally watched legal battle because it was the first case in the country pitting the opposing laws on same-sex civil unions of two different states.

While the litigation and appeals were still proceeding in September 2009, Lisa stopped communicating. She did not respond to emails and her voicemail filled up. The last communication from Lisa was about a week prior to her disappearance in which she stated she was interviewing for a job in Virginia. Without any warning or hint of her plan to disappear, Lisa ceased all communication. We advised the Vermont court we had lost contact with Lisa and requested to withdraw, but the Vermont court denied the request. The withdrawal was later effectuated in 2010.

During the Obama administration, a federal prosecutor filed criminal charges against two Mennonite ministers associated with a Mennonite community in Nicaragua, both of them with the last name of Miller (Ken and Timothy), but with no relationship to Lisa. A third person in Northern Virginia was also charged. All three have been convicted of helping Lisa flee the country. The criminal investigation is complete and at least one of the criminal defendants is on appeal. Lisa had no prior association with the Mennonites.

Janet Jenkins, the former lesbian partner of Lisa, filed a civil complaint in a Vermont federal court in 2012, claiming the alleged defendants participated in helping Lisa flee. The 2012 lawsuit did not name Liberty Counsel, Rena Lindevaldsen or Mat Staver. Lindevaldsen worked on the Lisa Miller case with Liberty Counsel.

In late 2016, Jenkins moved to amend her lawsuit to include Liberty Counsel, Lindevaldsen and Staver. The Southern Poverty Law Center (SPLC) then joined the suit as the lead counsel for Jenkins.

Read the Press Release to learn more and join the conversation on Facebook!