Washington Post
Alabama's Chief Justice Defies
Court Order
Moore Refuses to Remove Ten Commandments Monument
from State Building
By Edward Walsh
Washington
Post Staff Writer
August 15,
2003
U.S. District Judge Myron H. Thompson surveys the
5,280-pound granite
monument of the Ten Commandments that he has ordered
removed.
(Kevin Glackmeyer -- AP)
Defying a federal court order, the chief
justice of the Alabama Supreme Court said yesterday that he will refuse to
remove a granite monument that is inscribed with the words of the Ten
Commandments from the rotunda of the Alabama Judicial Building in
Montgomery.
"Alabama will never give up its right to
acknowledge God," Chief Justice Roy S. Moore declared as he stood in front of
the 5,280-pound display.
Moore also accused U.S. District Judge Myron H. Thompson,
who has ordered the monument removed by Wednesday, of "callous disregard for the
people of Alabama," and challenged the authority of federal courts to interfere
with the state's legal system.
"They have no power, no authority, no jurisdiction to tell
the state of Alabama that we cannot acknowledge God as the source of our law,"
he said.
Moore said that he will ask the U.S. Supreme Court today
to direct Thompson to withdraw his order to remove the monument. Moore said he
also plans to appeal to the Supreme Court a federal appeals court ruling last
month that upheld Thompson's order. The appeals court ruling compared Moore's
stance in the case to the defiance of such pro-segregation, southern governors
as George C. Wallace of Alabama and Ross R. Barnett of Mississippi.
Thompson had no public comment on Moore's statement,
according to a spokeswoman for the U.S. District Court for the Middle District
of Alabama. But Alabama Attorney General William H. Pryor Jr. (R) issued a
statement saying he would "exercise any authority provided to me" to bring the
state into compliance with the federal court order.
"I will not violate nor assist any person in the violation
of this injunction," Pryor said.
Thompson has said that fines of about $5,000 a day could
be imposed against the state if his order is not carried out by the Wednesday
deadline. He also issued official notifications of the order to 13 other state
officials, including Pryor and Gov. Robert R. Riley (R).
Moore's assault on what he called Thompson's "unlawful
dictates" and his "abuse of power" was the latest episode in a colorful judicial
career in which the Ten Commandments has figured prominently. As an Alabama
circuit court judge, Moore placed a hand-carved, wooden plaque of the Ten
Commandments behind the bench in his courtroom, an action that sparked several
lawsuits.
In his 2000 campaign for the post of chief justice of the
supreme court, Moore depicted himself as the "Ten Commandments Judge."
Moore had the Ten Commandments monument installed in the
rotunda of the state judicial building on the night of July 31, 2001. The
installation was filmed by Coral Ridge Ministries, an evangelical Christian
media organization that has used proceeds from the sale of the film to pay
Moore's legal expenses.
Thompson ruled last November that the installation of the
monument in the rotunda, where it is visible to all visitors to the judicial
building, violated the establishment clause of the First Amendment. A
three-judge panel of the Atlanta-based U.S. Court of Appeals for the 11th
Circuit unanimously affirmed Thompson's ruling last month.
That "some government acknowledgements of God" are
permissible, the appeals court said, "does not justify under the establishment
clause a 5,280 pound granite monument placed in the central place of honor in a
state's judicial building."
Apparently anticipating possible defiance by Moore, the
appeals court judges also warned, "We do expect that if he is unable to have the
district court's order overturned through the usual appellate processes, when
the time comes Chief Justice Moore will obey that order. If necessary, the court
order will be enforced. The rule of law will prevail."
In his statement, Moore echoed arguments that he has
unsuccessfully made in court during the case. He said the Alabama constitution
invokes "the favor and guidance of Almighty God" and is "the basis of our
justice system."
"Separation of church and state never was intended to
separate God from our government; it was never meant to separate God from the
law," Moore said. "The very purpose of the First Amendment to the United States
Constitution was to allow the freedom to worship God, but today that freedom is
being taken from us by federal courts who misuse the First Amendment as a sword
to take away our rights, instead of a shield to preserve them for us."
Some of Moore's supporters have threatened to try to block
removal of the monument. Asked during an interview with Fox News whether he
approved of such tactics, Moore said, "As long as it's peaceful, I don't have
any objection to civil disobedience."
In a related case, the U.S. Court of Appeals for the 3rd
Circuit refused yesterday to reconsider an earlier ruling allowing a decades-old
Ten Commandments plaque to remain on the facade of a courthouse near
Philadelphia. The court ruled that the plaque was not an endorsement of religion
because the country commissioners who wanted to keep it were motivated by
historic preservation desires.
© 2003 The Washington Post
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