Miller-Jenkins Decision Update

The Virginia Supreme Court's opinion intoday's ruling became available a couple hours ago online and what's interesting is that the Supreme Court not only affirmed the Court of Appeals but it also threw out Lisa Miller - Jenkins' attempt to raise new issues that were not properly raised at the Court of Appeals level and/or timely appealed. In short, it looks like Lisa Miller - Jenkins' counsel screwed up. And who was that counsel? The Christianists at Liberty Counsel, including constant anti-gay gadfly Matthew Staver. Here are some highlights from the Supreme Court's opinion:

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Following the Court of Appeals’ entry of judgment in the first Virginia appeal, Lisa filed a petition for appeal to this Court. We dismissed Lisa’s petition because it was not timely filed. Miller-Jenkins v. Miller-Jenkins, Record No. 070355 (May 7, 2007).
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We first decline Lisa’s request that we consider the effect of the Virginia Marriage Amendment on the arguments presented in this appeal. Lisa did not ask the Court of Appeals to consider the Virginia Marriage Amendment, despite the fact that it became effective on January 1, 2007, several months before the Court of Appeals issued its opinion in the present appeal. In addition, Lisa did not assign error in this Court to the Court of Appeals’ failure to consider the Virginia Marriage Amendment. Therefore, we conclude that this part of Lisa’s argument is procedurally barred.
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The Court of Appeals’ holding in the present appeal merely reflects the issues actually decided in the first Virginia appeal, including the issues whether the PKPA applied to the custody and visitation dispute and whether the Vermont custody order was entitled to full faith and credit.

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Thus, it appears that the Christianist attorneys are not quite as wonderful as they claim to be on their websites. As I have remarked before, many of these attorneys - e.g., Jan LaRue of Concerned Women for America - went to non-ABA accredited Christianist law schools and, therefore, would not be able to take the bar exam in mosts states. Nonetheless, they pontificate on all matter of legal issues as if they are illustrious authorities on the law. Religious fanaticism and legal competence are not synonymous. Here's a complete cast of the attorneys involved in this case:

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• Mathew D. Staver (Rena M. Lindevaldsen; Liberty Counsel, on briefs), for appellant (Lisa Miller-Jenkins).
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• Joseph R. Price (Gregory R. Nevins; Rebecca Glenberg; Arent Fox; Lambda Legal Defense & Education Fund, Inc.; American Civil Liberties Union of Virginia Foundation, on brief), for appellee (Janet Jenkins-Miller).
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• Amicus Curiae: Commonwealth of Virginia (Robert F. McDonnell, Attorney General; William E. Thro, State Solicitor General; Stephen R. McCullough, Deputy State Solicitor General; William C. Mims, Chief Deputy Attorney General; David E. Johnson, Deputy Attorney General; Matthew M. Cobb, Assistant Attorney General, on brief), in support of appellant.
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• Amicus Curiae: American Center for Law and Justice (Vincent P. McCarthy; Kristina J. Wenberg; Erik M. Zimmerman; Benjamin P. Sisney, on brief), in support of appellant.
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• Amicus Curiae: National Legal Foundation (Steven W. Fitschen; Barry C. Hodge, on brief), in support of appellant.
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• Amicus Curiae: Michael A. Cox, Attorney General of the State of Michigan (Henry J. Boynton, Assistant Solicitor General; Alison P. Landry, Senior Assistant Attorney General, on brief), in support of appellant.
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• Amici Curiae: National Association of Counsel for Children; Virginia Chapter of the National Association of Social Workers; Virginia Women Attorneys Association; Virginia National Organization for Women; Virginia Organizing Project; Professor Joan H. Hollinger (Thomas M. Wolf; Megan A. Scanlon; LeClair Ryan, on brief), in support of appellee.