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Official Blog of The Family Policy Council of West Virginia

Posts Tagged ‘Isabella

Courts Threaten to Remove Another Child

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Lisa & Isabella MillerLisa Miller is still fighting to protect her daughter from her former lesbian partner, and the Vermont courts.

By Nathan A. Cherry

Martinsburg, W.V. – The homosexual agenda of legalized same-sex marriage seems like a litigation nightmare. With long-term relationships at nearly nil in comparison with traditional marriage the litigation implications are overwhelming, and ultimately costly to tax-payers who will be footing a portion of the bill.

Take for example the case of Lisa Miller. Miller, who once shared a lesbian relationship with Janet Jenkins, is being threatened with the loss of her daughter if she does not comply with a Vermont judge’s order for visitation to Jenkins of her now 7 year old daughter Isabella.

Coming from a parent’s perspective this is a difficult case. For approximately five years both women were “parents” to Isabella. Now, after becoming a Christian, Miller wants nothing more to do with Jenkins and doesn’t want her daughter involved with her either. For Miller this is a case of mother protecting child. For Jenkins this is a case of fighting for an, essentially, adopted child. You can see the difficulty.

I side with Miller for the overall health and well-being of the child. Isabella has expressed that she does not want to visit Jenkins for several reasons; least of which is that she is made to bathe nude with her. She has also spoken of wanting to kill herself after visits with Jenkins. And now she is being threatened by the same Vermont judge that imposed the visitation rights with the loss of Isabella if she does not comply. She is truly between a rock and a hard place. She is morally obligated to protect her child, but the state is not helping her to do that as it should.

This is the tangled mess that legalizing same-sex marriage will create more of. With people constantly leaving the homosexual lifestyle, a fact the homosexual activist’s do not like hearing and refuse to admit despite an overwhelming amount of empirical evidence, legalizing an unnatural and unstable union will only serve to further entangle families in these kinds of legal battles.

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Written by Nathan Cherry

September 25, 2009 at 10:06 am

FL: More Former Lesbians Embroiled in Court Custody Battle.

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It’s a story that will begin sounding more familiar as our society and judicial system continues to steer away from moral absolutes and toward opinion based lifestyles and legislation.

 

The names Lisa Miller and her daughter Isabella and their custody battle are all-too familiar to us. Now you can add Kimberly Ryan to the list of names we will continue to follow in the news as she fights for her daughter.

 

Ryan, formerly a lesbian involved in a domestic partnership in Seattle Washington with a woman named Lara Embry, is now a born-again Christian engaged to marry a man. That’s where her court troubles began since previously she had an agreement with Embry for visitation of her 9-year old daughter after the couple split up in 2004.

 

When Ryan became concerned about her daughter’s visits with Embry she discontinued them. Embry then “demanded that a Florida court enforce the Washington adoption decree and allow her to continue visiting Ryan’s daughter,” according to the story on World Net Daily.

 

But one Florida court has already dismissed Embry’s petition, citing Statute 63.042, the states DOMA law, and other court precedent. Now Embry is taking her case to the Second District Court of Appeals in Florida.

 

Matt Staver, founder of the Liberty Counsel said, “The state should be allowed to abide by its current guidelines and consider the best interest of the child. Florida has the authority to establish its own policy regarding marriage and the definition of family. Florida protects its children by preferring they be placed in an optimal environment with a mom and a dad.”

 

And here is the point I want to make clear in this case and other such cases: individual states should always be allowed to make laws and then abide by those laws based on the will of that states people. If laws from any state can be enforced in any other state, what is the point in even having the law? This idea that the law from one state is enforceable in another state leans toward a socialistic government where sovereignty does not exist at all; which also means the will of the people does not exist.

 

Staver was right in saying, “The state of Washington cannot rewrite Florida adoption law and commandeer the state to enforce its contrary policy.”

 

This trend of judges overstepping their bounds to enforce out-of-state laws is nothing more than a hijacking of state sovereignty in favor of big government control. This is entirely against the Constitution which allows for states to hold to individual laws based on the voting will of its residents. It’s what makes each state and ultimately this country great

 

Stories such as those of Lisa Miller and Kimberly Ryan are destined to be more frequent in light of our nation’s current moral and political climate. We have attempted to remove all absolutes and the concrete foundation of family based on a father and mother from our society. Did we really think there would be no consequences?

 

Further Food for Thought:
A Matter of Time: What the same-sex marriage crowd isn’t telling us. « Family Voice

Same-Sex Adoption Case – Media Redux « Family Voice

 

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Written by Nathan Cherry

March 20, 2009 at 2:57 pm

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

Small Battle Won, War Still Ahead:

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I have been bringing our readers continued coverage of the custody battle between lesbian-turned-Christian Lisa Miller and her former partner Janet Jenkins, as they battle for custody of Miller’s 6 year old daughter Isabella.

 

Below you will find the next chapter in this sad saga in its entirety, as reported on World Net Daily’s website.

 

Thankfully, a Vermont judge has denied custody to Janet Jenkins, but has regrettably awarded extended visitations to her, despite the negative effects on 6 year old Isabella. If this was not a case between former lesbian partners we would not be hearing about this story. But the circumstances being what they are, the courts continue to deny the harmful effects of unsupervised visits with Ms. Jenkins on the child all while promoting same-sex marriage and the homosexual agenda. Read the story below.

 

 

Judge denies lesbian custody of Christian girl:

 

In a fierce custody battle between a Christian mother of a 6-year-old girl and the mother’s former lesbian partner, a Vermont judge has denied the homosexual woman’s requests for guardianship but is allowing her to have extended visits with the child.

 As WND has reported, Lisa Miller left the homosexual lifestyle and became a Christian when her daughter, Isabella, was 17 months old. But Janet Jenkins, Lisa’s same-sex partner when Lisa gave birth to Isabella, has been seeking full custody of the girl, claiming she was a parent even though she is not biologically related to Isabella and never sought to adopt her.

The case has been further tangled by the courts, as Jenkins and Miller were joined in civil union in Vermont, but Miller and her daughter now live in Virginia, where the laws forbid recognition of civil unions.

Earlier this month, however, Judge William Sharp of the Shenandoah County Domestic Relations District Court in Virginia, ordered Miller to allow Jenkins a three-day unsupervised visit with Isabella. Miller was told that Isabella must visit the mother’s former lesbian partner in Vermont, and if she refused, the law would remove the girl by force, if necessary.

Miller told LifeSiteNews Sharp also ruled that Vermont’s civil union laws must be upheld in Virginia.

“At this point, the Virginia Marriage laws mean nothing,” wrote Miller in an email to friends and supporters. “Today, the homosexual agenda just marched through our back door.”

On Jan. 28, Liberty Counsel, a non-profit legal group, presented oral argument in a Vermont court. At the hearing, a judge-appointed expert said changing custody could cause harm to Isabella. While Judge William Cohen permitted Miller to retain custody, he refused to end or reduce the number of court-ordered visits between Jenkins and Isabella.

Isabella must now spend four days in March, the Memorial Day holiday and five weeks in the summer with Jenkins, he said.

“Lisa and Isabella need your continuing fervent prayer,” a statement from Liberty Counsel said this week. “Even a few days of visitation that was allowed under court order a few weeks ago caused emotional trauma to Isabella.”

Miller had previously refused to comply with Vermont’s orders for visitations, claiming Isabella reported being compelled to bathe naked with Jenkins while visiting and came home speaking of suicide.

Liberty Counsel Chairman, Mathew Staver, told WND of Isabella’s traumatic visitations with Jenkins.

“She began having nightmares, bed-wetting, fears of leaving Lisa and even tried to physically harm herself after just a couple of visitations,” Staver said. “After having seen that, Lisa just simply said, ‘I cannot put my child in that situation anymore.'”

Miller appealed to the Virginia courts to overrule the visitation order, but upon threat of force and even jail, following Judge Sharp’s decision, she consented to allow another visit with Jenkins.

Now the Vermont judge has put Miller on notice that she risks losing custody altogether if she continues to violate court orders for visitation.

“At some point, Miss Miller’s behavior is forcing a hand,” said Cohen, according to the Rutland Herald.

The jurisdictional battle went before each state’s Supreme Court. Though Isabella was born in Virginia, and the Millers live in the state, the Virginia State Supreme Court stepped away from its own state’s precedents and affirmed the Vermont’s assertion of jurisdiction. The Vermont Supreme Court has determined that Jenkins is one of Isabella’s parents.

The case led to a clash over whether Vermont could reach over state lines to impose its civil union laws on Virginia’s soil. The U.S. Supreme Court could have also rendered a decision to clarify the conflict between the two states’ laws but declined to hear the case.

Miller’s attorney, Stephen Crampton, said the mother is thankful that she will be allowed to retain custody.

“She’s still pursuing appeals in Virginia, but we are hopeful we will not be back in Vermont for a while,” he said.

In a statement to supporters, Liberty Counsel said it plans to continue to pursue legal action in Virginia for Miller and Isabella.

“We know that the prayers for Lisa and Isabella are working,” it said. “In the past few months, Janet’s former attorney in Vermont withdrew from her case, her Virginia attorney was indicted for obstruction of justice in a situation involving the investigation of the death of a man in his home, and the judge has refused to give custody of Isabella to Janet.”

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Written by Nathan Cherry

February 2, 2009 at 2:53 pm

Pope Right, Judge Wrong

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Once again judges and courts are playing partisan political games, legislating from the bench, and ignoring obvious, common sense solutions to not-so-difficult cases.

 

In this particular instance is the continuing story of Lisa Miller, who is seeking complete separation from her former lesbian lover Janet Jenkins. The two were joined in a civil union in Vermont, and Miller gave birth to her daughter Isabella, before Miller left the homosexual lifestyle after becoming a Christian. Upon doing so she moved to Virginia where same-sex unions are not recognized.

 

But now a Virginia judge has decided he doesn’t like the laws in his state, and has decided to recognize Vermont civil unions. (Does anyone want to guess what the implications of this careless ruling will be?) And by doing so has said that Vermont has jurisdiction over the case, even though Isabella was born in Virginia where Miller has lived for several years now.

 

Miller will be headed back to Vermont soon for a much anticipated January 28 court date where a judge will decide who gets custody of Isabella. Quite frankly it would make absolutely no sense for anyone but the child’s biological mother to get custody. Courts have always ruled that biological parents have more rights to children, and when a child is being raised in a safe, secure, stable home with a biological parent where the child is thriving there is no cause to change such an arrangement.

 

Let’s hope the Vermont courts continue to uphold such a common sense idea. Because if they award custody to a non-biological person over the biological parent, where no abuse or neglect is present, they will signal that it is about political gain and not upholding the law or doing what is best in the interest of the child. And they will open a floodgate of unprecedented chaos in the court system for other non-biological persons to file for custody for seemingly no reason at all.

 

Ironically, Pope Benedict XVI recently told a conference of thousands of Mexicans that only an “undissolvable marriage between a man and a woman ought to be at the heart of a family,” according to a story released by AFP.    

 

But if, as the Pope put it, “undissolvable marriage between a man and a woman” is pushed aside in favor of all sorts of other cohabitations, such as same-sex civil unions, it can be reasonably expected that the strength and stability of our society, which is drawn from the traditional family, will erode as well. And what we can expect in its place is a barrage of court battles where non-biological persons want custody of children with perfectly capable biological parents. And with activist judges already ignoring laws in favor of bench legislation, unprecedented rulings will inevitably take place.

 

This is what happens when we mess with the institutions that have provided structural stability for our society and culture for hundreds of years. If anyone is paying attention they will see that as we move farther from traditional marriage, family, and home, our society continues to further collapse on all other fronts. It is because these foundational institutions are intrinsically linked to every other aspect of our civilization. They are like dominos. To move one means to start a chain-reaction that will bring them all down. And when this happens, “We the people,” ceases to hold meaning.

 

Further Food for Thought:
Former Lesbian Miller Vows to Protect Child
Sears Wants to Make a Difference

 

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Written by Nathan Cherry

January 21, 2009 at 3:14 pm