Judges in Vermont who already have declared a legal stranger a “parent” to another woman’s child could grant the stranger full custody at an upcoming hearing.

The non-profit legal group Liberty Counsel has been working on the case involving the 6-year-old, Isabella, and her biological mother, Lisa.

“Lisa Miller left the homosexual lifestyle and became a Christian when Isabella was 17 months old,” Liberty Counsel explained. “Janet Jenkins, who was Lisa’s same-sex partner when Lisa gave birth to Isabella, then sought full custody of Isabella, claiming she was a parent even though she was not biologically related to Isabella and never sought to adopt her.”

WND reported earlier when the Virginia State Supreme Court stepped away from its own state’s precedents and affirmed that a Vermont civil union plan should control the case.


Janet Jenkins, left, and Lisa Miller (HamptonRoads.com)

Though Virginia’s law specifically disregards homosexual civil unions from other states, a Vermont court ruled that it – and not Virginia – had jurisdiction over the custody battle.

Vermont’s court then ruled that though Jenkins had never adopted the child, she still had parental visitation rights based on her former civil union with Miller.

The case led to a clash over whether Vermont could reach over state lines to impose its civil union laws on Virginia’s soil.

Mathew Staver, chief of Liberty Counsel, told previously told WND that “states must have the sovereign authority to maintain their marriage policy as the union of one man and one woman, while rejecting same-sex unions. Virginia’s Constitution compels the state supreme court to not recognize out-of-state, same-sex marriages and civil unions.”

Though a Virginia county court agreed with Staver, the appeals court did not.

Furthermore, the appeals court ignored an argument by Staver and Liberty Counsel on Miller’s behalf to recognize Virginia’s new Marriage Amendment, defining marriage between one man and one woman, which was enacted during the course of the case. Instead, the appeals court cited a federal law that compels states to honor other state’s claims to jurisdiction. The court decided in favor of Jenkins.

The Virginia State Supreme Court could have made a ruling to put the issue to rest. Instead, it also chose to ignore the implications of Virginia’s Marriage Amendment and ruled that as no new arguments were presented in the case, the appeals court ruling must stand.

Liberty Counsel now said a Vermont judge  will decide Oct. 27 whether to take the 6-year-old from her mother and give her – permanently – to a stranger.

“We are asking you to help us spread the word about the ongoing legal case that directly impacts the life of 6-year old child Isabella and the future of this nation,” Liberty Counsel said. “If Vermont can declare from the bench that a legal stranger is a mommy to another woman’s child and then have it enforced in a state with one of the strongest marriage amendments in the country, then, on the issues of marriage and family, our country will no longer be the United States of America but instead will be the United States according to Massachusetts, California, or Vermont.”

The legal group said it is trying to rally support on Facebook on a page called, “Only One Mommy: The Story of Lisa and Isabella Miller.”

Matters for prayer, the law firm said, were the pending hearings in the case, including a decision from the U.S. Supreme Court whether it would review the case.


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