THE COURT GRANTS CUSTODY OF THE COUPLE'S MINOR DAUGHTERS TO THE FATHER STATING THAT THE "HOMOSEXUAL CONDITION" OF THE MOTHER IS DETRIMENTAL FOR THEM.
Judge: Fernando Ferrín Cálamita
During these divorce proceedings both father and mother requested exclusive custody of their two minor daughters. The judge states that to determine custody issues, only the interest of the child can be taken into account without giving prerogatives to one or the other and that the reason for the divorce should not be considered unless it is brought up and constitutes a harm for the children.
The judge states that being "a drug addict, a pedophile, a prostitute, belonging to a satanic cult, or the condition of being a homosexual gravely affect children."
He continues to state that if proven, the condition of being a homosexual can be grounds to declare the marriage null since heterosexuality is an essential requirement for "traditional" marriage, -which was in place in Spain before the "unfortunate" amendment to Spanish law, and would vitiate the consent of one of the parties.
According to the judge, being homosexual is harmful to the children because "they have a right to a father and a mother, not to two mothers or two fathers. The most prestigious specialists state so. There is no need to be an specialist, common sense mandates it. Men and women complement each other. Two women or two men don't. . . . It is the homosexual atmosphere what harms the children and significantly increases the chance that they become homosexuals too." It concludes by saying that it is impossible for a homosexual parent to provide an integral education to his/her children.
In this openly homophobic decision, the judge grants custody of the daughters to the father. Judge Ferrín Calamita was suspended because of this ruling.