Supreme Court Asked to Decide Issue Involving Same Sex Civil Unions and Parental Rights

The United States Supreme Court is being asked to decide whether one state can be forced to recognize the same sex civil union of another state, even when the first state's citizens have voted overwhelmingly against civil unions and homosexual marriage. The issue could also affect whether a woman's former homosexual partner has parental and visitation rights over a child the other woman gave birth to.

Liberty Counsel, a Christian public-interest law firm, has asked the court to take two cases; both named Miller v. Jenkins, concerning the issue. The cases pit Virginia law, which does not recognize same-sex unions, against Vermont law, which does.

Both cases involve Lisa Miller, her biological child, and Janet Jenkins, Miller's former homosexual partner. Before Miller became a Christian and left the homosexual lifestyle, she and Jenkins traveled to Vermont to obtain a civil union, while the two lived in Virginia. Miller gave birth to her child through artificial insemination.

After Miller became a Christian and quit the homosexual lifestyle, she claims Jenkins became abusive. Miller now lives with her daughter in Virginia.

In Vermont, courts declared that Jenkins had equal parental rights with Miller and ordered visitation. Miller claims that she defied those orders in order to protect her daughter from the "immoral influence" of her former lesbian partner. Miller relied on Virginia law, which does not recognize the rights Jenkins claims. That is because the couple's civil union is invalid under Virginia law. Miller also claims the claim of Jenkins is invalid because she did not make an attempt to adopt the child.

According to Liberty Counsel founder, Mat Staver, the case is unique.

He said the cases involving two different individuals and two different state laws "represent the tip of the iceberg" as to the kinds of cases courts may hear in the future. Staver also pointed out that the Defense of Marriage Act allows each state to define marriage. The case is the first in which two separate states have issued differing opinions over a single civil union case, and the Supreme Court should resolve the issue.