Recently, a Vermont judge took primary custody of a child from her biological mother, a former lesbian who is now a Christian, and gave sole custody of the child to the mother’s former spouse.

Lisa Miller and Janet Jenkins were united during a civil union in Vermont in 2000.

Miller was artificially inseminated and gave birth to a daughter.

Janet Jenkins with Isabella.

Approximately 17 months after giving birth, Miller separated from Jenkins.

She became a Christian, renounced her life as a lesbian, and moved back home to Virginia where she maintained primary custody of the couple’s child, Isabella.

A 2008 CNN article reported that Miller had petitioned the Virginia legal system to withhold visitation rights from Jenkins.

Liberty Counsel, Miller’s defending law firm, states that Miller, who has been held in contempt of court in Vermont for withholding visitation, began doing so because she believed Isabella was being exposed to an unhealthy lifestyle.

Miller and Jenkins have now been fighting custody battles since at least 2004.

Throughout their years in court, Vermont created a new law based on the Miller/Jenkins case declaring that a child can legally have two parents of the same sex, even though adoption papers have never been filed.

Liberty Counsel’s report cites evidence that there have been no other attempts by Jenkins to stay in touch with the child over the years [beside visitation time] —such as letters, phone calls or attendance at special events to which she has been invited.

The Rutland Herald announced that Vermont Judge William Cohen ruled for Isabella to be removed from her Virginia home with Miller, her biological parent.

On Nov. 20, Cohen granted sole custody to Jenkins, including moving to a new state, school and house.

He claimed this would not be out of the norm for a child. Jenkins promises visitation rights to Miller.

The Vermont court is also attempting to override Virginia’s strong traditional marriage laws, which do not recognize same sex marriage or civil unions from other states; nor does Virginia recognize custody by a non-biological parent.

The Virginia Court of Appeals heard oral arguments in early December.

A decision is  forthcoming.

Can homosexuals change?

Web sites supporting gay rights and the Vermont court decision, such as this page about the Jenkins/Miller case at Truth Wins Out, speculate that Miller’s turning from homosexuality is either not genuine, or that she was not a true lesbian to begin with.

Truth Wins Out analyzes that perhaps Miller is being used by the Christian right.

Focus on the Family’s “Love Won Out” campaign and Exodus International believe in reformation of homosexuality through God’s help and the salvation of Christ.

According to these organizations, many gays and lesbians don’t believe that leaving homosexuality is permanently possible.

Either way, the Miller/Jenkins case is an illustration of how states with traditional marriage laws are not protected against other states’ decisions to grant same-sex marriage and various custody actions.