e 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 (Lee ,2002, April 8, p. 27).
While many state laws supporting more liberal and progressive views have been slower to change in the deep South than in other parts of the country, MooreÆs beliefs still represent the thinking of many Americans. Conservative thinking sees same-sex couples as both a prominent indication of the general deterioration of morality and as one of the leading causes for such deterioration.
In ruling against granting custody of a child to his biological mother who is now in a lesbian relationship, Moore contends, "The homosexual conduct of a parent . . . 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" (Lee, 2002, April 8, p. 27). He believes that the choice of a homosexual lifestyle automatically deprives the individual of certain legal rights. He argues:
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 (Lee, 2002, April 8, p. 27).
Moore concludes his ruling by saying, "Protection of the family is a responsibility of the State" (L...