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Moore also quoted scripture, historical documents and previous state court rulings that he said backed his view.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David White, state coordinator for the Gay and Lesbian Alliance of Alabama, said Moore's opinion reflected outdated thinking.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.

[oldtimer]

Our Country was built on religion and a belief in God, and major religions Christianity, Jewish, and Muslim beleive that homosexuality is abhorant and against the laws of God.

With queers, now enabled, to go into classrooms in California and present "their side" of so called diversity, it is a pleasant experience for me to see a good Christian Judge just nailing it.

IMO this Country has gone upside down with this queer stuff.

[Vote 4 Nixon]

He didn't express his personal feelings at all he simply stated a fact. Believe in truth and have the courage to stand up and say and do the right things. What this man did is what all conservatives should do... Go to war.

[apackof2]

There is a considerable gulf between upholding the law and preaching.

Judge Roy Moore CAN do both.
He upheld the law which leaves him the freedom
to express his opinion in his own court room.

[Burkeman1]

Well my state is mine and I love it despite it's seemingly liberal bent (though I suspect in practice Mass is a hell of lot more conservative than Alabama- we don't have strip clubs all over the place or a red zone and we don't sell liquor on Sundays still or beer at convenience stores). And you are correct. I am a great believer in the 10th. And we have judges in this state who are liberal and quote scripture all the time to make their pathetic little dictats about social policy that are illegal as well. As long as Alabama can live with it then so can I. I am just saying that a judge shouldn't rule based on his own personal beliefs.

[rwfromkansas]

I must disagree. When one looks at the highly religious foundations of our law WHICH ONE CAN READ IN EARLY SUPREME COURT OPINIONS, it is clear that it is not immoral to base a decision upon what is morally right.

[Map Kernow]

homosexuality is "an inherent evil" that should not be tolerated

Yes, it is. Fifty years ago, there would be no controversy about such a statement in a judge's opinion. That's why we have had and still have laws against homosexual conduct on the books.

[Burkeman1]

I agree- go to war at the ballot box- but I will fight with all my might against judges who dictate the law to me based on what they believe and not what we tell them.

[rwfromkansas]

Again, you need to read some early judicial opinions in this country. If you think Moore is harsh, there is no doubt in my mind you would have been calling for the disbarring of pretty much entire courts in our early history because they were godly judges.

[Young Rhino]

If this is overturned by the U.S. Supremes, David Souter will write the majority opinion.

[Burkeman1]

And who says what is morally right? We do- thorugh the laws our elected reps pass- NOT JUDGES! They don't MAKE LAW! They SIMPLY rule on it! What is so hard to understand? Or are we so used to liberals making up law from the bench that we think it is ok when conservative judges that we happen to agree with do it as well?

[Truthsayer20]

"...it is not immoral to base a decision upon what is morally right..."

The purpose of the judiciary in a republic is to interpret and rule on the laws passed by the people through their representatives. Nothing more, nothing less.

[rwfromkansas]

Everyone should fear the Lord....with Biblical fear...meaning reverence.

[Boxsford]

Take a closer look at the ruling judges. ALL of them ruled in favor of the father. We don't know on what merits only that this particular reporter chose to point out a line Judge Moore had written. One line of many to be sure. I'm certain that the law was abided by. Judge Moore has proved himself over and over to be a man of integrity.

[apackof2]

their decisions which are supposed to be based solely on the written law.

And what is the written law in Alabama on child custody cases?

The judge makes the decision based on witness testimony and his own wisdom on which parent
is the most suitable for the welfare of the child
Basically under the law the judge is given discretion to make the judgement.

Ask a parent under the same circumstances in a different court room who lose custody
to a homosexual parent based on the same legal discretion of the judge.

Morals have a place in legal decisions
Justice for the children and the heterosexual parent was served here.

[goldstategop]

Roy Moore to replace William Rehnquist as Chief Justice of the U.S Supreme Court. - Bump

[Godel]

I agree. This judge is a whack job. He does not belong on the bench. I agree with the decision btw, all else being equal, the lesbian mother should lose custody, however this guy has no judicial temperment. Quoting scripture, and calling this woman evil, while interpreting not the bible, but the constitution of the US and Alabama shows how far gone this guy is.

I think you should be careful about interpreting "quoting scripture". If someone said "Thou shalt not kill" as part of a ruling should that disqualify their whole ruling? What about if the Judge quoted Socrates? Now why is it okay to quote Socrates, but not okay to quote Moses? It seems to be that if you automatically invalidate the opinion of anyone who is influenced by religion that you have in fact violated the 1st amendment and discriminated against religion.

[rwfromkansas]

Judges do not make decisions based on teh will of the people...they make decisions based on what is right.

[Non-Sequitur]

We don't know on what merits only that this particular reporter chose to point out a line Judge Moore had written...

In the federal Supreme Court and most state Supreme Courts the majority and minority opinions are usually written by a single justice. If that is the case in Alabama then there was only one written opinion to chose from.

[apackof2]

David Souter will write the majority opinion.

Don't remind me, the little snake!