Lawyers for lesbian-turned-Christian Lisa Miller announced their decision to appeal a ruling which gave custody of her daughter to her former partner.
Miller, who now lives in Forest, Va., became pregnant through artificial insemination after joining in a civil union with Janet Jenkins of Vermont.
Miller later became a Christian and sought sole custody of her then 7-year-old daughter, Isabella.
However, Judge William Cohen ordered a switch in custody last November after Miller failed to uphold Jenkins' visitation rights.
Following that ruling, Miller cut off all ties with her attorneys and disappeared. She has said she does not want her daughter exposed to the homosexual lifestyle
Nevertheless, Miller's attorney, Mat Staver, has said he would press forward with the case and ask the Vermont Supreme Court to overturn the ruling.
"From our standpoint, we have not been able to reach Lisa Miller," Staver said. Staver works for Liberty Counsel, a nonprofit law firm that provides legal aid for cases involving religious liberty, sanctity of life and families.
"We know that her desires have been to continue to press the appeal to get to the constitutional questions," he said.
Jennifer Levi, the attorney representing Jenkins, said the move is an attempt to revisit legal issued that have already been settled.
"It doesn't make sense for a lawyer unable to communicate with a client to pursue very important issues at the appellate level," Levi said. "Clearly, they have a broader legal agenda in continuing this legal fight, which is all but dead."
Vermont's high court is expected to hear arguments from Miller's attorneys on June 23.