By Matthew Cullinan Hoffman

MURCIA, SPAIN, January 8, 2009 ( – A Spanish judge has been convicted for the “homophobic” act of failing to quickly award custody of a child to a lesbian who sought parental rights over her sexual partner’s daughter.

Fernando Ferrin Calamita, a Family Court judge from the Spanish province of Murcia, was removed from the bench by a tribunal of three provincial judges, who further barred him from serving on the bench for 27 months, and ordered him to pay 6,000 Euros ($8,182) in restitution to the lesbian pair, as well as court costs.  The decision was announced on December 23.

“The politicization of justice is evident,” said Ferrin Calamita, who promised to appeal the case to the nation’s highest courts, and even the European Court of Human Rights.  “I have been made the victim of an inquisitorial process alleging that my actions are guided by religious principles. Today is a sad day for the rule of law and for the thousands of people who support me.”

Judge Ferrin Calamita was charged with deliberately delaying the case by seeking a psychological opinion about the probable effect of the couple’s lesbianism on the child’s development, which was never produced by government psychologists, who acknowledge that they refused to do so.

The judge also claims that the lesbian pair was never examined directly by the government psychologists, who nevertheless produced a positive evaluation of the couple, an accusation reportedly verified by the women themselves.

Ferrin Calamita also sought the opinion of the nation’s Supreme Court on the constitutionality of homosexual adoption.  The case lasted two years before it was removed from his jurisdiction. He has refused to apologize for the delay and says that he was motivated by concern for the well-being of the child.

The three-judge tribunal, however, ruled that Ferrin Calamita “consciously delayed the adoption of a child by a lesbian couple” and was guided “by an authentic homophobic compulsion.”

According to the lesbian pair’s attorney, Jose Luis Mazon, the two are “very happy” with the decision.

“Although they have already normalized their lives because the judge substituted for Ferrin approved the adoption of the child, they are no longer fighting only for their daughter. They are doing it for their equality as citizens and as subjects of the law,” said Mazon.

Mazon said he was pleased that Ferrin Calamita would be removed and would be unlikely to return to the bench, and added that “if there is a judge in Zamora or in Caceres who wants to do the same thing, his head will be cut off.”

An support organization for the judge – the Pro Judge Ferrin Calamita Association – has raised 7,000 Euros in a little over a week to help the judge with the expenses he faces due to his prosecution and conviction. Ferrin Calamita, who has seven children, has been unable to function as a judge for two years during the trial and faces up to 10,000 Euros or more in fines and court costs, as well as a possibly lengthy period of unemployment due to his disbarment.

Contact Information:

Embassy of Spain in the United States
  2375 Pennsylvania Avenue, NW, Washington DC 20037
  Telephone: (202) 452-0100
  Fax: (202) 833-5670
  E-mail: [email protected]

Embassy of Spain in Canada
  74 Stanley Avenue, Toronto, Ottawa, K1M 1P4, Canada
  +1-613-7472252, +1-613-7477293, +1-613-7471143, +1-613-7476181
[email protected]
  Website URL:

Embassy of Spain in the United Kingdom

39 Chesham Place, SW1X 8SB, London, United Kingdom
  Phone: +44-20-72355555
  Fax: +44-20-72595392
[email protected]

Related Links:

Website for Defenders of Judge Calamita (Spanish)

Previous coverage:

Despite Threats and Intimidation from Homosexualist Government, Spanish Judge Stands Firm

Spanish Judge Put on Trial for “Obstructing” Homosexual Adoption

Spanish Judge Tells Lesbian Mother to Choose Children or Same-sex Partner, not Both

To find out more see: