10 Minutes with … Mat Staver

(RNS) Just when it seemed things couldn't get more acrimonious, the long-running custody case involving Lisa Miller, an evangelical Christian and former lesbian, and her ex-partner, Janet Jenkins, has taken yet another turn. A judge in Vermont, where the couple entered a civil union in 2000, ordered Miller's arrest so that Jenkins could assume custody […]

(RNS) Just when it seemed things couldn't get more acrimonious, the long-running custody case involving Lisa Miller, an evangelical Christian and former lesbian, and her ex-partner, Janet Jenkins, has taken yet another turn.

A judge in Vermont, where the couple entered a civil union in 2000, ordered Miller's arrest so that Jenkins could assume custody of their 7-year-old daughter Isabella after Miller refused visitations and missed court hearings.

Since then, Miller has been on the run and no one can seem to find her. The case has pitted state laws in Vermont against those in Virginia, where Miller lives, and which do not recognize most same-sex relationships.


Mat Staver is the Founder and Chairman of Liberty Counsel and also serves as Vice President of Liberty University, Dean and Professor of Law at Liberty University School of Law, and Chairman of Liberty Counsel Action.

Mat Staver is the Founder and Chairman of Liberty Counsel and also serves as Vice President of Liberty University, Dean and Professor of Law at Liberty University School of Law, and Chairman of Liberty Counsel Action.

Mathew Staver, founder of Liberty Counsel, the powerful Christian law firm that's representing Miller, talked about the case and what Jesus would do in the midst of this unique situation. The interview has been edited for length and clarity.

Q: A Vermont judge ordered Lisa Miller's arrest on Feb. 23. Where do things stand? Are you still representing her?

A: We are still representing her. We have not been able to locate her, however.

Q. Is the arrest warrant only effective in Vermont?

A: It's effective in Vermont but it's not effective in other states. The Virginia court has refused to issue an arrest warrant.

Q: Is your firm encouraging her not to appear in court?

A: No. We haven't been able to locate her.

Q: If you could talk to her, what would you consider to be a good legal strategy at this point?


A: We are still pursuing the appeals through the Virginia Court of Appeals. That's not completed yet. That's the last track that we were on when we last communicated to her. And we know that she would want us to pursue that appellate court decision.

Q: What are you hoping the appeals court will do?

A: What's before the Virginia Court of Appeals is the question of whether Virginia has to enforce the Vermont civil union order. Our position is that it does not, based on Virginia law and policy that does not recognize same-sex marriage or same-sex union or any order coming of such union.

Q: As a Christian law firm, do you consider the “What Would Jesus Do?” factor in this case?

A: We obviously have an obligation as attorneys to represent our clients and we also have an obligation to obey court orders. We've counseled her to obey orders.

On the other hand, putting totally aside this question of court orders, if you're asking yourself what would Jesus do, you have to ask yourself would Jesus want a person to give up their only blood-relative child to put that person into a stranger's home who, one, doesn't act like a parent; two, thinks her Christian upbringing is harmful; and three, wants to immerse (the child) into a homosexual lifestyle?

That's the big question that I think anybody would have to address in this situation.


Q: When did the religious differences arise?

A. When Isabella was 17 months old, Lisa became a Christian. For the next 5 1/2 years, Janet Jenkins never e-mailed, phoned, text-messaged Isabella; never sent a letter; never sent a card of any sort for birthday, Christmas, Valentine's Day; refused to attend any events that she was having at church; refused to attend any events she was having at school.

Q. Did Isabella ever visit Jenkins after the two women parted?

A. A couple of times in 2008 under the court order. Lisa pled with the Vermont judge for supervised visitations so that Lisa would be present. The judge would not hear it. At the same time, the judge always found Lisa to be a fit parent.

Q. Is this an unusual situation for your organization?

A: It is very unusual. It's the first one of its kind that we've had.

Q. But you do not suggest clients break the law?

A: We're not going to tell them to disobey the law. That's for sure.

Q: What's the next step?

A: Our next step is to finish the appeal in the Virginia courts. After that, I don't know what the next step is if we cannot locate Lisa.

Q: Are you concerned about her whereabouts, and Isabella?

A. No. I'm not concerned. I don't have (anything) to suggest that she's in danger.

Q: Are you surprised that she's not around, given the court order?

A: She never gave us any indication that she was going to flee.

 

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