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RICHMOND, Virginia, September 14, 2005 (LifeSiteNews.com) – The Virginia Court of Appeals did not issue an immediate ruling today after hearing oral arguments in a parental rights battle between two women, joined in a same-sex civil union in Vermont in 2000, one of whom later became a Christian and renounced the lesbian lifestyle.

The cases involve Lisa Miller, her biological child, and Janet Jenkins. Lisa gave birth to a child through artificial insemination. Janet never adopted the child. The relationship ended when Lisa became a Christian and Janet became abusive. Lisa is no longer a lesbian. She resides with her daughter in Virginia. 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. In addition to state law, the case involve the application of the federal Parental Kidnapping Prevention Act, which requires courts to recognize out-of-state custody and visitation orders; and the federal Defense of Marriage Act, which allows states to reject out-of-state, same-sex unions.

According to a release from Liberty Counsel, the Miller v. Jenkins case is unique because it represents the first time that the courts of two states have issued conflicting decisions over the same same-sex union case. It is also the first case to involve dueling federal laws. If the rulings of both courts continue to conflict after the courts issue their decisions later this year, then this case will proceed to the United States Supreme Court.

Commenting on the case, Mathew D. Staver, President and General Counsel of Liberty Counsel, stated: “The Commonwealth of Virginia has the right to define its own marriage policy. In Virginia, marriage is the union of one man and one woman. Traditional marriage is the bedrock of society. The state of Virginia has a right to guard its borders to uphold the family and marriage. The people also have a right to amend their state and federal constitutions to protect the family and marriage.”

See prior LifeSiteNews.com reports:
  Same-Sex Mothers both Legal Parents of Daughter, Activist Court Rules
https://www.lifesitenews.com/ldn/2004/nov/04112207.html

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