The Engage Family Blog

Official Blog of The Family Policy Council of West Virginia

The Difference in Courts from State to State:

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I recently read two stories which stand in stark contrast to one another and show just how different culture and society can be, from one state to another, from one court to another.


 One story is the continuing coverage of 6-year old Isabella, whose mother Lisa Miller is fighting the courts so that her daughter does not have to endure unsupervised visits with Miller’s former lesbian partner Janet Jenkins.


 The other story comes out of Florida where the Liberty Counsel has filed an amicus brief to further strengthen Florida’s law which says that adoptive children should be placed in a home with a mom and dad because it is in the best interest of the child.


 If you take a moment to read these two very different stories you will get an idea of just how diverse the thoughts are regarding children, adoption, and the idea of homosexual parents; not to mention just how messy and confusing lawsuits could become.


 Arguments seek to protect 6-year-old from lesbian

 The new appeal in the case of Lisa Miller and her 6-year-old daughter, Isabella, by Liberty Counsel asks for a determination on whether the Virginia Constitution is the controlling legal authority in the state.

The case is complex, because Miller was in a same-sex “marriage” in Vermont, where her former partner, Janet Jenkins, remains. But Miller’s daughter was born in Virginia, and both live there now. The custody arguments have been conducted in court systems in both states.


The appeal asks the court to refuse to enforce the Vermont custody order, which requires the child spend time with Jenkins, “based on U.S. Supreme Court precedent making a legal distinction between recognition and enforcement,” according to Liberty Counsel.


“While the Full Faith and Credit Clause may require registration of the Vermont order, it cannot constitutionally require enforcement,” the non-profit legal group explained. “Moreover, the federal Defense of Marriage Act exempts states from even recognizing out-of-state, same-sex unions.” (Story continued here…)

Florida Adoption Law Preferring Traditional Moms and Dads is Best for Children

Miami, FL – Today Liberty Counsel is filing an amicus brief in support of a 1977 Florida law that bans practicing homosexuals from adopting children. Last year Miami-Dade Circuit Judge Cindy Lederman wrote that the law violates equal protection rights for homosexuals and that there is no valid reason to consider homosexuality when approving adoption. Liberty Counsel successfully defended the same law at a United States Court of Appeals.


The law has also been upheld as constitutional by other Florida state courts of appeal. Although the decisions by the appeals courts are binding on the circuit judge, Judge Lederman lawlessly disregarded these legal precedents. Liberty Counsel’s brief states that the Florida law is backed up by sound reasons to prefer that children be permanently adopted by homes that will provide the opportunity for a mom and a dad. Homosexual adoption, by its very nature, deprives children of ever having the opportunity of being reared by both a mother and a father. (Story continued here…)

Further Food for Thought:
Marriage is Foundational For the Well-being of Society

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Written by Nathan Cherry

March 11, 2009 at 1:19 pm

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