Judge Won’t Hear Gay Adoption Cases Because It’s Not In “The Best Interest Of The Child”

Kentucky Judge W. Mitchell Nance says he must recuse himself from cases involving “a practicing homosexual."

If Kim Davis ever decides to remarry, we may have found her the perfect match.

Judge W. Mitchell Nance said in an order this week that he would recuse himself from all adoptions involving gay people, USA Today reports. Nance cited a judicial ethics rule stating that a judge must disqualify himself when he has a personal bias or prejudice.

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Although Kentucky state law allows gay couples to adopt, the family court judge writes that “as a matter of conscience” he believes that “under no circumstance” would “the best interest of the child be promoted by the adoption by a practicing homosexual.”

Kentucky county clerk Kim Davis similarly ignored the law in 2015 when she refused to issue marriage licenses to same-sex couples.

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Nance’s order is “clear discrimination,” says Chris Hartman, director of the Kentucky Fairness Campaign. “And if Judge Nance can’t perform the basic functions of his job, which are to deliver impartiality, fairness and justice to all families in his court room, then he shouldn’t be a judge.”

Attorneys wishing to file an adoption motion involving gay residents must now notify court staff so that another judge can be assigned to the case. However, Glasgow Daily Times reports that Judge John T. Alexander has confirmed that he will hear any adoption cases affected by Nance’s recusal.

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