Brian Lyman

Montgomery Advertiser

Alabama Chief Justice Roy Moore accused the American Bar Association of attempting to “forcibly elevate sexual behavior, appetites and self-styled identity” in a proposed change to one of its rules of professional conduct.

The proposed revision would broaden existing bans on discrimination from conduct done in the course of representing a client to conduct “related to” law practice. The definition of prohibited conduct would also be focused on “harassment and knowing discrimination” while gender identity, ethnicity, and marital status would join the list of protections. Sexual orientation is already on the covered list.

The ABA solicited comment on the change through Friday; Moore's letter was dated March 11. Messages seeking comment were left Monday evening at the ABA’s offices in Washington.

Moore, an outspoken social conservative, claimed the rule change would “punish attorneys who have sincerely-held religious or traditional beliefs and wish to obey God and their conscience.”

“By subordinating an attorney’s ethical duties to the sexual orthodoxy du jour, the proposed rule will relegate attorneys with traditional religious to either self-censorship or professional scorn,” the letter says.

Moore also quoted from his own opinion in a recent case related to Alabama same-sex marriage. In that opinion, Moore attacked the U.S. Supreme Court’s decision in Obergefell v. Hodges, which struck down same-sex marriage bans in the nation. Moore had recused himself from the case but rejoined it to issue his decision, citing an opinion in a previous case by Justice Greg Shaw in doing so. Shaw strongly disagreed with Moore’s application of his opinion to the chief justice's recusal status.

The ABA’s website says its Standing Committee on Ethics and Responsibility will prepare a final report and resolution on the rule for the organization’s delegates to vote on at a meeting in August in San Francisco.