Monday, May 15, 2006


Unlike Roy Moore, Judge Ulrich, to his credit, sided with the lesbian mother.

This is kind of strange. My last post featured Robert Ulrich, Chief Justice, Missouri Court Of Appeals, Western District, who seemed to be a Roy Moore in training.

So I decided to google his name and research his record and I found that he ruled over a child custody decision case which had facts nearly identical to one Roy Moore ruled over. Moore infamously wrote a concurring opinion in a child custody decision where the mother turned out to be a lesbian and Moore argued for a rule presumptively granting parental rights to the non-homosexual parent. He called homosexuality "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," and further

"The State carries the power of the sword, that is, the power to prohibit conduct with physical penalties, such as confinement and even execution. It must use that power to prevent the subversion of children toward this lifestyle, to not encourage a criminal lifestyle."

As it turns out, Missouri had one of those "presumptively, the gay parent doesn't get the kids" rule, and Judge Ulrich wrote the decision overturning that precedent. He wrote "such an irrefutable presumption where a parent's homosexual conduct is, alone, determinative, is inherently inconsistent with the best interests of the child standard, which requires consideration of all factors relevant to the child's welfare."

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