Republican Alabama Senate nominee Roy Moore, the former chief justice of the Alabama Supreme Court, once ruled in a divorce case in the 1990s that a woman who had a homosexual affair was not permitted to see her children without supervision, CNN reported.
In the decision, Moore said the “minor children will be detrimentally affected” by the mother’s “present lifestyle” and was eventually taken off the case after the woman’s lawyers had requested that Moore recuse himself, according to CNN’s KFile.
Her lawyers argued 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 ruling anyway, giving the father complete custody and preventing the mother from visiting her children unsupervised.
“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.
Mrs. Borden and her lawyers appealed the case to the Alabama Court of Civil Appeals, which ruled that Moore should be removed from the case, but then the decision was appealed by Moore to the state’s Supreme Court, which ruled that the case should be reheard without Moore.
The Hill added:
Moore has previously come under fire for other provocative comments, including 2005 footage unearthed by CNN in which he argues that homosexuality should be against the law.
Moore is running to fill the Senate seat vacated by Jeff Sessions, who was tapped by President Trump to lead the Justice Department earlier this year. He’s running against former federal prosecutor Doug Jones, a Democrat, in the December special election.