The Supreme Court of Alabama, nationally renowned for the idiotic bigotry of its chief justice, Roy Moore, had its bigotry slapped around by the US Supreme Court over an equality ruling the state court got wrong. The case, a custody battle between two women who had moved to Alabama with three children, left the realm of seeking the best interests of the children and instead seeking the best interests of the bigots of the Alabama Supreme Court.
The story is simple. A lesbian couple used artificial means to have three children in Georgia, after which they decided to move to Alabama. After a fifteen year relationship, the couple broke up. The woman who actually gave birth to the children refused to let her former partner visit with them, forcing a custody battle in family court, even though both women had established parenthood of the children in Georgia.
The battle waged ended up being about a woman who happens to be a lesbian being denied access to the children she raised and calls her own not based on her merits as a parent but because in Alabama, things like the law, equality and the best interests of the children come second to bigotry. After a family court battle and several appeals, the official Alabama Supreme Court court ruling, which was a 7-1 landslide against the woman petitioning for custody, stated that Georgia had no right to establish parenthood in Alabama. Since the couple were lesbians, Alabama refused to acknowledge their relationship at all, effectively blocking the petitioner’s request for custody or any visitation whatsoever.
In a nutshell, Alabama screwed a dedicated mother because she is gay.
The US Supreme Court ruled Monday that Alabama can’t deny parental rights to a woman whose rights had already been established in another state. Once again that pesky 14th Amendment went and stood in the way of some good old-fashioned bigotry. It’s very simple, and SCOTUS passed it on as such. You cannot deny someone a right in one state they had already established in another. It doesn’t matter how much conservatives scream 10th Amendment, the 14th supersedes it, and even if it didn’t, the full faith and credit clause of the constitution covers it as well.
In the end, the high court has once again shown that America is on the path to equality.
Featured image via Wikipedia