Moore ruled in divorce case that woman who had lesbian affair couldn’t see children unsupervised
Alabama GOP Senate nominee Roy Moore once ruled in a divorce case in the 1990s that a woman who had a lesbian affair was not permitted to see her children without supervision, CNN reported Thursday.
In the decision, Moore — who served as a circuit judge before joining the state’s Supreme Court — said the “minor children will be detrimentally affected” by the mother’s “present lifestyle” and was eventually taken off the case, according to CNN’s KFile.
According to the report on CNN, the woman’s lawyers had requested that Moore recuse himself from the case.
They said his “deeply fundamentalist religious faith” made it so he had a “strong preconceived opinion of the Plaintiff because of her sexual orientation which would not leave the Court’s mind perfectly open to conviction and would render the Court unable to exercise his functions impartially in this particular case.”
Moore decided not to recuse himself and issued a temporary ruling giving the father custody and requiring the mother to visit her children only with supervision and couldn’t see them with a partner.
“The court strongly feels that the minor children will be detrimentally affected by the present lifestyle of [Mrs. Borden] who has engaged in a homosexual relationship during her marriage, forbidden both by the laws of the State of Alabama and the Laws of Nature,” Moore wrote in his ruling.
The woman and her lawyers appealed their case to the Alabama Court of Civil Appeals, which said Moore should be removed from the case.
The decision was then appealed by Moore to the state’s Supreme Court, which ruled that the case should be reheard without Moore.
Moore has previously come under fire for other provocative comments, including 2005 footage also unearthed by CNN in which he argues that homosexuality should be against the law.
Moore was twice removed as chief justice of Alabama’s Supreme Court after refusing to obey court orders.
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