The sad custody battle over a seven year-old girl took another turn on New Year’s Day, when Lisa Miller, the biological mother of Isabella Miller, failed to turn the child over to Lisa’s former lesbian lover despite a court order to do so. The details are probably familiar to you. Lisa Miller and Janet Jenkins joined in a civil union in Vermont. They moved to Virginia where Lisa was artificially inseminated and gave birth to Isabella. Shortly after that, Lisa left the homosexual lifestyle and became a Christian. She has battled Ms. Jenkins over custody ever since. Jenkins bases her right as a "parent" on Vermont’s civil union law, but Virginia law and constitution do not recognize the civil union.
Regardless, courts in Vermont and Virginia repeatedly have sided with Jenkins, recently culminating with a Vermont judge’s order for Ms. Jenkins to receive full custody of Isabella, which was scheduled to happen January 1.
The circumstances of this case are as heart wrenching as they are frustrating. It is our belief that the courts have failed to apply the law correctly, relying on Vermont’s civil union statute over Virginia’s constitution and the federal Defense of Marriage Act that is supposed to protect Virginia’s marriage laws. Instead, judges at nearly every turn have ignored our law in favor of Vermont’s.
As I was interviewed about this story by CNN on Friday, and then saw its report, it became clear that the ruse that civil unions are not considered marriage is over. Throughout the story, which you can view here, CNN refers to the union as "marriage," at one point saying Lisa and Janet were "married in a civil union," and continuing to refer to Janet as a "parent" despite having no biological or legal ties to the child. One thing is for certain, the homosexual lobby’s attempts to portray civil unions as something less than marriage have been destroyed by their own words.
It’s interesting to note that I was asked over and over again by CNN about Lisa’s decision to "violate the court order," but I was never once asked about the judges in this case who over and over again violated Virginia law. Instead of asking about Lisa’s actions, we should ask how judges simply can ignore the parts of the law and constitution they don’t like in favor of other parts.
Finally, we need to continue to pray for Lisa, Janet — and perhaps most importantly Isabella — in this entire mess. It’s difficult to predict the effect this situation will have on Isabella’s future, but it’s hard to believe that it will be positive.