MONTGOMERY, February 18, 2002 ( – The Supreme Court of Alabama, in a unanimous ruling released this week denied a lesbian mother her request to transfer custody of her children from her estranged husband to herself. In a concurring opinion, Chief Justice Roy Moore wrote: “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.”

The Christian Coalition of Alabama (CCA) applauded the ruling. CCA President John Giles citing numerous studies said: “It is statistically proven that a homosexual and lesbian lifestyle fosters an unstable and unsafe living environment for children.”

Chief Justice Moore also noted the detrimental effects of homosexuality in the opinion. “Homosexual conduct is, and has been, considered abhorrent, immoral, detestable, a crime against nature, and a violation of the laws of nature and of nature’s God upon which this Nation and our laws are predicated. Such conduct violates both the criminal and civil laws of this State and is destructive to a basic building block of society – the family. The law of Alabama is not only clear in its condemning such conduct, but the courts of this State have consistently held that exposing a child to such behavior has a destructive and seriously detrimental effect on the children. It is an inherent evil against which children must be protected.”

See the full ruling as a pdf at: