Unabashed theocrat Roy Moore was sworn in as the chief justice of the Alabama Supreme Court for a second time last week, nine years after he was removed from that same office for refusing a federal court order to remove a huge Ten Commandments monument from the courthouse that he had installed.
He says he has no plans to return that monument to its previous place at the courthouse, but that’s really the least of the worries about his reelection. This man is so unhinged in his hatred of gay people that he has actually declared, in a written opinion, that they should be put in prison or murdered by the state because that’s what the Bible demands. This is from a concurring opinion he wrote in a 2002 custody case where the mother is a lesbian (which was not even an issue in the case, by the way).
I concur in the opinion of the majority that D.H., the mother of the minor children in this case, did not establish a change of circumstances sufficient to transfer custody to her from H.H., the father of the minor children. I write specially to state that the homosexual conduct of a parent-conduct involving a sexual relationship between two persons of the same gender-creates a strong presumption of unfitness that alone is sufficient justification for denying that parent custody of his or her own children or prohibiting the adoption of the children of others.
In this case there is undisputed evidence that the mother of the minor children not only dated another woman, but lived with that woman, shared a bed with her, and had an intimate physical and sexual relationship with her…
The author of Genesis writes: “God created man in His own image, in the image of God He created him; male and female He created them․ For this reason a man shall leave his father and his mother, and be joined to his wife; and they shall become one flesh.” Genesis 1:27, 2:24 (King James). The law of the Old Testament enforced this distinction between the genders by stating that “[i]f a man lies with a male as he lies with a woman, both of them have committed an abomination.” Leviticus 20:13 (King James).
From the passage in Leviticus 20:13, the early western legal tradition garnered its laws on homosexuality. The Corpus Juris Civilis is the sixth-century encyclopedic collection of Roman laws made under the sponsorship of Emperor Justinian. “It is Justinian’s collection which served as the basis of canon law (the law of the Christian Church) and civil law (both European and English).” The following is a statement in Law French from Corpus Juris:
“ ‘Sodomie est crime de majeste vers le Roy Celestre,’ and [is] translated in a footnote as ‘Sodomy is high treason against the King of Heaven.’ At common law ‘sodomy’ and the phrase ‘infamous crime against nature’ were often used interchangeably.”…
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. Providing for the common good involves maintaining a public morality through both our criminal and civil codes, based upon the principles that right conscience demands, without encroaching on the jurisdiction of other institutions and the declared rights of individuals.
The State may not interfere with the internal governing, structure, and maintenance of the family, but the protection of the family is a responsibility of the State. Custody disputes involve decision-making by the State, within the limits of its sphere of authority, in a way that preserves the fundamental family structure. 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.
The highest court of an American state is now presided over by a man who thinks his job is to enforce Biblical prohibitions, even to the point of murdering gay people.