Judge Patrick J. McGann, Jr, a judge of the Monmouth County Superior Court rejected the suit on the basis that (in his opinion) homosexuality is immoral. Two uninformed comments were:

	"All religions deem the act of sodomy a serious moral wrong."
	"Sodomy is derived from the name of the biblical city, Sodom, which, with the nearby city of Gomorrah, was destroyed by fire and brimstone rained down by the Lord because of the sexual depravity of their male inhabitants."

In reality, all religions do not consider homosexuality immoral. In the United States, the Unitarian-Universalist Association, the United Church of Christ, various Neo-Pagan groups, and Reform Judaism have accepted homosexuality and bisexuality as a normal, healthy sexual orientation for a minority of adults. The United Church of Canada has taken this same position. Other religious organizations in North America are gradually changing their policies in this direction. See our page on policies of religious groups towards homosexuality.

A number of Biblical passages, such as Genesis 19, deal with the fate of Sodom and Gomorrah. Their destruction by God was related to the city's abusive treatment of strangers, not to their sexual depravity. Even if one interprets their annihilation as being related to human sexuality, it would be homosexual rape that God objected to, not a consentual homosexual relationship such as Eagle Scout Dale was presumably involved in. For clarification, see our essay on the Bible and Homosexuality.