Richmond, VA – After oral argument by Liberty Counsel, the Virginia Supreme Court has made its decision to hear the Miller v. Jenkins case. The case 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.

Previously, the Virginia Court of Appeals ruled that despite Virginia’s marriage laws prohibiting recognition of any rights associated with same-sex couples, it had to recognize the Vermont order declaring Janet to be a parent of Lisa’s daughter. Rena Lindevaldsen, Assistant Professor of Law at Liberty University School of Law and of Counsel to Liberty Counsel, presented the argument August 29th, asking the Virginia Supreme Court to hear the case. Now that the court has taken the case, it will schedule briefs to be filed and set another round of oral argument. Liberty Counsel will be asking the court to reverse the decision made at the Virginia Court of Appeals and uphold Virginia law.

First of its kind, this case will determine which state has authority in same-sex civil union battles. Vermont is trying to force same-sex unions on other states. It has created a second mom and has given parental rights to a lesbian who has no biological or adoptive relations with Lisa’s child. The outcome of this case will set the standard for other states to follow in recognizing same-sex civil unions universally.

Mathew D. Staver, the Founder of Liberty Counsel and Dean of Liberty University School of Law, said: “Virginia law makes a Vermont same-sex civil union invisible. Through the legislature and a constitutional amendment, Virginia has stated in the strongest terms possible that it will not recognize a same-sex civil union or any rights arising from such a union. Regarding same-sex civil unions, what happens in Vermont stays in Vermont.”