Alabama Chief Justice Calls Homosexuality 'Evil' in High Court Decision

Nando Times / AP ^ | 2/18/2002 | Phillip Rawls

[ex-Texan]

Alabama Chief Justice Calls Homosexuality 'Evil' In High Court Decision

By Phillip Rawls

Associated Press

MONTGOMERY, Ala. - In awarding custody of three teenagers to their father instead of their gay mother, Alabama's chief justice on Friday wrote that homosexuality is "an inherent evil" that should not be tolerated.

The nine-judge Alabama Supreme Court ruled unanimously in favor of a Birmingham man and against his ex-wife, who now lives with her gay partner in southern California.

The parents weren't named in court documents to protect the identity of the children, ages 15, 17 and 18.

Chief Justice Roy Moore wrote that the mother's relationship made her an unfit parent and that homosexuality is "abhorrent, immoral, detestable, a crime against nature, and a violation of the laws of nature."

Moore also quoted scripture, historical documents and previous state court rulings that he said backed his view.

Moore is known for his decision to place washing machine-sized monuments of the Ten Commandments in the state judicial building after he became chief justice last year. He earlier became known nationally as the "Ten Commandments judge" when he fought to keep a plaque of the Biblical commandments in his courtroom as a district judge.

David White, state coordinator for the Gay and Lesbian Alliance of Alabama, said Moore's opinion reflected outdated thinking.

"It's unfortunate Alabama is going to be embarrassed once again by a religious fanatic in a position of power in Alabama," White said. "It's obvious he cannot judge a gay person fairly and he should be removed from office."

John Giles, state president of the Christian Coalition, said Moore's decision protected the institution of marriage and strengthened the traditional family.

The father had held custody since 1996, but the mother petitioned for custody in June 2000, contending the father had been abusive.

John Durward, the father's attorney, said his client "is very relieved." The mother's attorney, Wendy Crew, did not return a telephone call seeking comment.

[irishlass]

My dear friend, no need to accuse me of being illiterate. I have read a few books in my day, Judge Bork's being among them. I have the utmost respect for Judge Bork, but disagree with him on some issues. I believe (correct me if I am wrong) he recently came out against military tribunals, of which I am very much in favor. Again, I believe Natural Law came into play in the judges decision, and many scholors will agree that Natural Law is a valid basis for rendering legal decisons.

[Vote 4 Nixon]

When is the last time you set foot in a church? Anyone who isnt afraid of God is walking down the wrong path in life.

[Republic]

YaHoooooooooooooooooooooooooooooooooooooo! Good for the judges!!! ALRIGHT!!!! Go Chief Justice!

[L.N. Smithee]

I don't know wether the judge in this case based his ruling on law and precedent but the insertion of his personal political and religious opinions smacks of the worst sort of judicial activism that usually comes from the Left and a judge that does so has no place on the bench.

I reluctantly agree.

Supreme Court Justice Byron White was able to stay away from such language when he wrote the SCOTUS decision in Bowers vs. Hardwick defending the constitutionality of anti-sodomy laws in 1986, choosing instead to simply cite laws in place at the time the Constitution was written.

[Texas Eagle]

We are proud of our fair minded Chief Justice here in Alabama

With good reason. BTW, our church prays for Judge Moore regularly.

[nicmarlo]

homosexuality is "abhorrent, immoral, detestable, a crime against nature, and a violation of the laws of nature."

I wish the judge would have said what he really felt, lol. Way to go Chief Justice Moore!!!!! How great for Alabama to have godly Justices. Does them proud.

[hoosierham]

I disagree ; although a particular g/l parent MAY APPEAR "nice" , the lifestyle they have chosen IS ultimately destructive to society, and therefore BAD for the children

[Crawdad]

Yesterday. You are wrong.

[Burkeman1]

So what? We do not base our law on what Thomas Jefferson believed or didn't believe- our nation is more than that! MY God! Are conservatives just as bad as liberals when it comes to wanting judges that will rule on their little prejudices and not what law says? Jefferson also liked slavery and I think he thought the Sun was the center of the universe. WHo cares what he thought about any particular subject? What makes him and the founders great is that they set up a system that was supposed to have a judicial branch that would rule on what the people decided! Now granted - I don't want gays to have custody of kids- it is idiotic idea that will have long lasting effects on this country (a new generation of pyscho killers raised by whacko gay parents is my guess) but I don't want judges to insert their beliefs into the law - even if I agree with the outcome! I hate Roe vs Wade. In that decision a judge quoted scripture- the gospels- ancient greek doctors, the historical record- and feminist writers- he did everything but read the LAW passed by we the people which outlawed abortion! The Supreme Court of this land overturned every anti abortion law in this country based on their personal opinion and not what the people had decided through their legislative bodies! I am agianst that. Are you? Or are you against it only when it suits you but will crown judges who agree with your religious and poltical beleifs with authority to overturn the people's will because you happen to agree with him?

Now in this case- I am not sure if the judge did that. But you have a judge quoting scripture and saying things like being gay is evil that is inappropriate. There is ample precedent and law on the books in which he could have based his decision and not resort to such personal grandstanding.

[lavaroise]

Perhaps you want religious judges to make up law based on their particular religious beliefs and not the will of the people?

I sense some naivety here. All judges have a particular belief on which their judgment hinges. Liberal or not, they all state their particular beliefs quite customarily. Religion mentioned? Big freaking deal.

[Burkeman1]

Bingo- thank you! There is no need for it!

[southland]

I believe there are more of us than there are of them. Otherwise we are in majority.

[anniegetyourgun]

"....what does the Lord your God ask of you but to fear the Lord your God, to walk in all his ways, to love him, to serve the Lord your God with all your heart and with all your soul..." Deut. 10:12

Perhaps you don't know how to interpret the word "fear" as reverence?

[Burkeman1]

Yes they do- and it sad that you think it is ok. Sign of the times I guess. We don't even know what judges are supposed to do anymore do we? We think they are supposed to insert their own beliefs into their decisions which are supposed to be based solely on the written law.

[Maedhros]

\/\/00+!

translation: Woot!

[anniegetyourgun]

I appreciate that the judge is still able to discern truth from error. It's hardly 'preaching' to claim this woman's actions are "evil." I hope he uses the same term (as many judges do) when speaking to the actions of child molesters, murderers, and rapists.

[Burkeman1]

The only problem with natural law is that it too is subject to mean whatever a judge says it means. I think teading the plain intention of a law from it's wording and legislative record is all a judge should consider.

[Zorrito]

SWEET HOME ALABAMA!

[joathome]

The teenagers were already living with their father. They had no business being uprooted from what appears to be a stable home. The judges came to a proper decision.

[norraad]

Plus, it may be Ala~ƒreakin'bama, but it's our Ala~freakin'bama{My Cousin Vinnie}.

Heeeew~ Haw, you tell'um what for Roy!

A lesbo comic once did a whole routine about Alabama, all I 'member is

Earth is the Alabama of the Universe!

Whose got more 'bama jokes?