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.

Virginia Supreme Court Upholds Vermont Civil Union Ruling

The Virginia Supreme Court issued its ruling this morning in a four year long custody battle arising from a Vermont civil union gone bad and held that the Vermont civil union decrees must be enforced in Virginia even though same-sex marriages are barred in Virginia by both statute and the so-called "Marriage Amendment" passed in November, 2006. No doubt the professional gay-haters will be in an uproar, especially since Lisa Miller is now an "ex-gay" for pay. Here are some highlights from the Richmond Times-Dispatch:

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Virginia Supreme Court ruling this morning means a Vermont child custody order in a failed civil union must be enforced here even though same-sex marriages are barred in Virginia. The unusual, long-running case centers on 6-year-old Isabella, born to then Lisa Miller-Jenkins, after she was artificially inseminated. Miller-Jenkins entered into a civil union in Vermont with Janet Miller-Jenkins in 2001. The union broke up and Lisa, now Lisa Miller, returned to Virginia in 2003, became a born-again Christian and renounced the lesbian lifestyle.

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The Virginia justices today upheld a Virginia Court of Appeals ruling that a federal law aimed at preventing parents from shopping from state to state for the most favorable custody rulings, required the Vermont order to be respected. The case has attracted national attention from liberal and conservative groups.

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Lambda Legal, which participated in the case on behailf of Janet Jenkins, released a statement, highlights of which are as follows:

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Today, the Virginia Supreme Court affirmed a prior ruling by the Virginia Court of Appeals that said that the state must honor the Vermont Supreme Court's order of visitation between Janet Jenkins and her daughter.

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Janet Jenkins (formerly Miller-Jenkins) and Lisa Miller (formerly Miller-Jenkins) were joined in a civil union in Vermont and thereafter had a child. After the women ended their relationship, Miller moved to Virginia with the women's daughter, and asked a Vermont court to dissolve the couple's civil union and sort out custody of the child. When the Vermont court ordered visitation for Jenkins, Miller filed a new lawsuit in a Virginia court, using that state's antigay marriage law to have herself declared the child's sole legal parent.

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The conflicting court orders — one from Vermont ordering regular visitation for Jenkins, and the other from a lower court in Virginia naming Miller as the sole parent — led to a decision by the Virginia Court of Appeals that the lower court in Virginia was wrong to contradict the Vermont court order granting Janet Jenkins visitation rights. A few months later, the Virginia Court of Appeals, based on its earlier decision, reiterated that Virginia must enforce the Vermont court order. Lisa Miller appealed that decision to the Virginia Supreme Court resulting in today's decision.