The Human Rights Campaign (HRC) on Friday filed a complaint against the Utah juvenile court judge who ordered a baby girl removed from her lesbian foster parents and placed with a heterosexual couple.

In ordering the couple to give up the baby, Judge Scott Johansen reportedly said that “kids in homosexual homes don't do as well as they do in heterosexual homes.”

On Friday, Johansen rescinded his order at the request of the state, which means married couple April Hoagland and Beckie Peirce will keep the baby, but child welfare officials said that that could change after a custody hearing scheduled for Friday, December 4.

“If Johansen ordered the child be remove because of the couple's sexual orientation, it would be a clear violation of the Utah Code of Judicial Conduct, which expressly forbids it,” HRC said in a blog post.

HRC Legal Director Sarah Warbelow called on the Utah Judicial Conduct Commission to hold Johansen accountable.

“It is unconscionable that any judge would let bias interfere with determining the true best interest of a child and we strongly encourage the commission to take appropriate action to hold this judge accountable and to affirm that personal bias has no place in judicial decisions in Utah,” she said.

The couple told CBS News that they believe Johansen, a bishop in the Mormon Church, imposed his religious beliefs in deciding their case. The Mormon Church is strongly opposed to same-sex marriage.