@ken1971
Wiki says:
[edit] D.H. vs. H.H.
In February 2002, Chief Justice Moore issued an opinion which expressed his belief that the State should rightfully use its powers to punish homosexual behavior. The case, D.H. vs. H.H., was a custody dispute where a lesbian was petitioning for custody of her children, alleging abuse by her ex-husband. A circuit court in Alabama had ruled in favor of the father, but the Alabama Court of Civil Appeals overturned that verdict 4-1, claiming that substantial evidence existed of abusive behavior by the father.[8]
The state Supreme Court overruled the appeals court on technical reasons; however, Chief Justice Moore issued a concurring opinion concluding that a parent's homosexuality should be a deciding factor in refusing custody:
To disfavor practicing homosexuals in custody matters is not invidious discrimination, nor is it legislating personal morality. On the contrary, disfavoring practicing homosexuals in custody matters promotes the general welfare of the people of our State in accordance with our law, which is the duty of its public servants...
The State carries the power of the sword, that is, the power to prohibit conduct with physical penalties, such as confinement and even execution. It must use that power to prevent the subversion of children toward this lifestyle, to not encourage a criminal lifestyle...
Homosexual behavior is a ground for divorce, an act of sexual misconduct punishable as a crime in Alabama, a crime against nature, an inherent evil, and an act so heinous that it defies one’s ability to describe it. That is enough under the law to allow a court to consider such activity harmful to a child. To declare that homosexuality is harmful is not to make new law but to reaffirm the old; to say that it is not harmful is to experiment with people's lives, particularly the lives of children.[9]
Moore's comments, particularly those appearing to endorse the execution of homosexuals, led to protests in front of the state judicial building and drew nationwide criticism from civil rights groups such as GLAAD, the National Gay and Lesbian Task Force, and the Human Rights Campaign. An official complaint with the Alabama Judicial Inquiry Commission was also filed by the Lambda Legal Defense & Education Fund.[10]
