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Foundation for Moral Law Intervenes in Alabama Same-Sex Marriage Suit

  |   By: West Honeycutt     |   News

The mother of the David Fancher, the deceased partner of Paul Hard, has filed a motion to intervene in Hard v. Bentley — a lawsuit that challenges the validity of Alabama’s Marriage Protection Act and Sanctity of Marriage Amendment. Chief Judge William K. Watkins granted her motion earlier today stating, “Ms. Fancher has an interest in the ultimate result of this action by virtue of its effect upon the potential distribution of any wrongful death damages.”

Pat Fancher, David’s mother, “is deeply disturbed that the death of her son David … is being used by Plaintiff Paul Hard to advance the cause of same-sex marriage which she strongly opposes,” according to the motion.

Hard, a lifelong Alabamian and former Baptist Preacher, married his late husband Charles David Fancher in Massachusetts shortly after same-sex marriage was legalized there. In 2011, Fancher was killed in a car accident just north of Montgomery. Under current Alabama law, David Fancher’s estate will pass to his immediate family — in this case, his mother, Pat — rather than his husband.

The Foundation for Moral Law filed the motion as a representative of Pat Fancher. The foundation is a tax-exempt 501(c)(3) organization headquartered in Montgomery, Ala. It was founded by sitting Alabama Chief Justice Roy Moore.

Kayla Moore, wife of Alabama Chief Justice Roy Moore, currently serves as the organization’s president.

“The Foundation, like Ms. Fancher and the majority of Alabamians, believes marriage is an institution established by God for the governance of the most basic unit of society, the family, and this institution is intended to be between one man and one woman,” Kayla Moore said in a prepared statement. “The Foundation will protect not only Ms. Fancher’s beliefs and interests, but also the right of Alabama citizens to preserve the traditional definition of marriage.”

The Foundation for Moral Law will represent Ms. Fancher as the suit moves forward.

Follow West on Twitter at @WestHoneycutt

West Honeycutt is a small business owner in Birmingham, Alabama. He has formerly worked for political consulting firms in Washington, D.C. and Montgomery, AL.