THE TEN COMMANDMENTS - The "Justice Moore" conflict
►Separation of State & Church: First Amendment/ Constitution Encarta
►The American Judiciary System (courtesy to C. Wagner)
►Photos: Protest, Monument, Justice Moore
In the news:
►CBS
►NPR 
Deep South, Alabama
Bill of Rights
Under God under Fire: Challen-ging the Pledge in Schools Justice Talking, Oct 2003
XII AMENDMENTS TO THE CONSTITUTION [Source: Encarta]
Comment: The first ten Amendments were ratified December 15, 1791, and form what is known as the Bill of Rights.
[For comparison: The Constitution was drafted in 1787]
A Amendment 1
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press, or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
Comment: The First Amendment guarantees freedom of speech, freedom of the press, and freedom of association and assembly. It also protects the rights of citizens to worship as they please and the right not to be forced to support someone else’s religion. The First Amendment also provides for the right to demand a change in government policies.
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Explanation:
Freedom of Religion, right of a person to form personal religious beliefs according to his or her own conscience and to give public expression to these beliefs in worship and teaching, restricted only by the requirements of public order. Religious liberty differs from toleration in that toleration presupposes preferential treatment of a particular creed by the state because it is an established church or, in some cases, is the predominant religion of the population.
The United States was the first, and for some time the only, nation to include the principle of religious liberty in its basic laws. The nations of antiquity permitted tolerance to individuals of minority religions, provided they took part in the public worship of the national gods.
Soon after Christianity became established as the official religion of the Roman Empire in the 4th century, heresy and heterodoxy became equivalent to treason. After the Reformation this condemnation of atypical religious beliefs was continued by nations with established reformed churches, and those who disagreed with the established church were punished.
The colonists immigrating to the New World brought with them the same doctrine of religious intolerance, and in many of the American colonies dissent from the established order of worship was regarded as sedition. The charter of Rhode Island, granted in 1663, is notable for being the first to include a declaration of the right to religious liberty. This doctrine gradually spread to the other colonies, and at the time of the American Revolution the principle of religious liberty was explicitly adopted in various state constitutions. The process culminated in the adoption of the U.S. Constitution, which in Article VI forbids the establishment of any religious test as a qualification for federal office, and in the 1st Amendment forbids the passage of laws “respecting the establishment of religion or prohibiting the free exercise thereof.”
Online Resources: ►Freedom from Religion Foundation ►Separation of State & Church Discussion Board ►Free Republic.com
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Constitution
of the United States, system of fundamental laws of the United
States of America. The Constitution was drawn up by 55 delegates to the
Constitutional Convention in Philadelphia during the summer of 1787 and
ratified by the states in 1788. The Constitution defines distinct powers
for the Congress of the United States, the president, and the federal
courts. This division of authority is known as a system of checks and
balances, and it ensures that none of the branches of government can
dominate the others. The Constitution also establishes and limits the
authority of the federal government over the states and spells out
freedoms and liberties for U.S. citizens
Source: Encarta More about the Constitution: a) Constitution online b) images of the original |
THE TEN COMMANDMENTS [source: religioustolerance]The "Justice Moore" conflict, Part 3: 2003-AUG-23 until now
Overview:The monument was installed in the rotunda of the State Judicial Building, in Montgomery, AL. The building houses the Alabama Supreme Court. Chief Justice Roy Moore was ordered by the 11th U.S. Circuit Court of Appeals to remove the monument because it violates the First Amendment of the U.S. Constitution and its principle of separation of church and state. He refused.
2003-AUG-23: Conservative Christians to file lawsuit: The Christian Defense Coalition has organized a weeks-long vigil at the Justice Building. They are planning to file a lawsuit on 2003-AUG-25 against the associate judges of the Alabama Supreme Court who unanimously ordered the monument removed. The lawsuit will claim that their decision violates freedom of religion. Churches nationwide are reported to be sending busloads of their members to Montgomery, AL to take part in the demonstration. 1
2003-AUG-24: Capitol Hill Prayer Alert issues "Urgent Prayer Alert:" The Capitol Hill Prayer Alert web site asks all American Christians to pray, fast and take action concerning the situation in Alabama. They quote a number of individuals who support retaining the Ten Commandments monument in the Rotunda of the Alabama Justice Building:
2003-AUG-25: Dr. James Dobson advocates demonstration:
James Dobson, founder of Focus on the Family and
host of their radio program interrupted their pubilshed radio schedule and
interviewed suspended Alabama Chief Justice Roy Moore and former US
Ambassador Alan Keyes. They recommended that Americans join in a public
demonstration to advocate that the Ten Commandments monument remain in the
Alabama Justice building. According to JesusJournal.com, "Following the
interview, Dobson's announcer endorsed civil disobedience, should it be
necessary."
2003-AUG-26: Richard Land calls Alabama controversy "insurrection:"
Dr. Richard Land is president of the Southern Baptist
Convention’s Ethics & Religious Liberty Commission. He is "...indignant
at attempts by courts to deny our Judeo-Christian heritage and enforce a
secular bias on our public spaces ...However, we are a government committed
to the rule of law....Do evangelical Christians really want to say that this
United States government is no longer a legitimate government and that we
are no longer obligated to obey its courts when we disagree with their
rulings? If so, let us understand it for what it is. It is insurrection."
2003-AUG-27: Lawsuit to retain monument dismissed: A lawsuit was filed on behalf of a Christian talk show host and a pastor. It argued that enforced removal of the monument would violate the public's freedom of religion. A hearing had been scheduled for the afternoon of AUG-27, but was cancelled.
2003-AUG-26: Demonstration ask for Pryor's resignation: About 150 demonstrators marched to Attorney General Bill Pryor's office, asking that he resign because he supported the unanimous decision of the associate justices of the Alabama Supreme Court. Seven demonstrators were allowed into the building where they met with Pryor's chief deputy for about 20 minutes. 5
2003-AUG-27: Albert Mohler recommends legal actions only: Albert Mohler, president of Southern Seminary, wrote: "We must support and defend the right of the State of Alabama--or any other state--to erect a monument featuring the Ten Commandments. Judge Moore is right in his insistence that his monument is lawful. He should press that case in every court until all appeals have been exhausted. But he should also obey lawful orders of the federal courts until that point is reached. Even if he ultimately loses at the U. S. Supreme Court, we should work through the democratic process to remove the judges and reassert legal sanity." 6
2003-AUG-27: Monument removed: A crew moved the Ten Commandments monument from the rotunda of the Alabama Judicial Building to another location within the building. "Protest organizers asked the crowd outside the Judicial Building not to rush the building or do anything except pray." Patrick Mahoney, director of the Christian Defense Coalition, a group who wants to retain the monument, is reported as having accused Pryor of political grandstanding to improve his nomination to a federal appeals court. 5 "It is not clear exactly where the Commandments display is, nor is it known if any subsequent location for the controversial monument will be accessible to the public." 7 Barry Lynn of Americans United for the Separation of Church and State called the removal "a tremendous victory for the rule of law and respect for religious diversity. Perhaps Roy Moore will soon leave the bench and move into the pulpit,which he seems better suited for." 7 Ellen Johnson, President of American Atheists, was concerned that the monument was not removed from the Justice Building. "This whole controversy can drag on when and if Moore, or some other official, decides to relocate the monument to another part of the building in hopes of circumventing the original court ruling." Noting that federal Judge Myron Thompson ruled that the monument could be placed in a "private" part of the building, she said: "Moore could have the monument placed in a slightly less conspicuous location, a hallway, anywhere in the building, and this dispute could re-ignite with more lawsuits, prayer rallies and expense for the taxpayers of the state of Alabama. Officials failed to send a clear and unambiguous statement that the monument will not be permitted on public property." 7 The building manager, Graham George, addressed the "prayer warriors" who had gathered at the Justice Building to support the monument. He told the demonstrators that it was being moved to a secure, windowless room for now. Its ultimate fate will be determined by Chief Justice Roy Moore -- its owner. According to AANews, in recent days:
2003-AUG-28: President Bush's thoughts -- expressed indirectly: According to the Associated Press, the president's Deputy Press Secretary, Claire Buchan, said that it is important that laws and court rulings be respected. She also noted that some courts had ruled it's OK to erect displays of the Ten Commandments, while others have forbidden it. 8
2003-SEP-4: New lawsuit and other developments: Three citizens of Alabama initiated a lawsuit to have the granite monument restored to the rotunda of the state Justice Building. They claimed that relocation of the monument unconstitutionally established the religion of non-theistic beliefs. Attorney General Bill Prior filed a motion asking that the lawsuit be dismissed. Judge Myron Thompson found that the relocation of the monument was constitutional. He dismissed the lawsuit. Jim Zeigler of Mobile, AL, attorney for the plaintiffs, said that they had not decided whether to appeal the ruling. On NBC's Today Show, Moore said: "This is not about politics, it's not about religion and it's not about me. It's about whether or not this country can acknowledge God." Governor Ronnie Musgrove of Mississippi asked to transport the monument to the Mississippi State Capitol building as a temporary display. Chief Justice Roy Moore, currently suspended from his post, rejected the request. Moore also turned down the request of commissioners in Gaston County, to display it in the county courthouse in Gastonia, NC. 9,10
2003-SEP-8: Justice Moore opposed to constitutional
display:
Judge Roy Moore is reported as disapproving a
proposal to erect a cultural display involving the Ten Commandments
surrounded by other historical and secular documents that form the
foundation of American law. Such displays have been declared constitutional
in the past. He said: "To put things around the Ten Commandments and
secularize it is to deny the greatness of God." Moore is reported as
saying that his lawyers are planning to petition the U.S. Supreme Court
shortly to restore the monument to the rotunda of the Justice Building. He
expects that the hearing into his suspension will be scheduled for 2003-OCT.
2003-SEP-9: Clergy organizing: Ninety-five clergy from 72 churches in the greater Montgomery, AL, area have joined with other clergy from the state to organize a movement called "The Spirit of Montgomery." They will organize events related to the restoration of the Ten Commandments monument. 12
Related essays on this site
References used:
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| District Courts |
| Courts of Appeal |
| Supreme Court |
The Federal American Judiciary System
The American legal system is separated into a state and a federal level. Most judicial decisions are made within the state level, but a case can be passed on to the higher authority federal system, if decisions are highly controversial or deal with constitutional issues, responsibilities are unclear (e.g. a crime committed in more than one states). Some types of cases (e.g. dealing with foreign ambassadors) are immediately directed to the Supreme Court, but those are exceptions. The state legal structure can be different, but is mostly similar to the federal system. The federal level is divided into district courts that are responsible for a certain area in the USA, the Courts of Appeal, which deal with cases needing further review, and at the top of all the Supreme Court. The Supreme Court only takes on cases of highest importance or constitutional debates. (Christopher Wagner)
Ten Commandments NPR
Listen to
Talk of
the Nation audio Aug. 18, 2003
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Alabama's chief justice is in a standoff with a federal court over the Ten Commandments. Judge Roy Moore refuses to move the granite monument of the commandments from the state's judicial building. Join NPR's Neal Conan for a conversation about religion and the law.
Guests on
NPR:
Chief Justice Roy Moore
*Chief Justice of Alabama Supreme Court
Debbie Elliott
*NPR Reporter
Rev. Barry Lynn
*Executive director, Americans United for Separation of Church and State
Robert Kuttner
*Co-editor of The American Prospect
Matthew Spalding
*Director of the B. Kenneth Simon Center for American Studies at the
Heritage Foundation
Commandments' Day Of
Reckoning? [Source:
CBS]
MONTGOMERY, Ala., Aug. 25, 2003
CBS/AP) Defenders of the Ten Commandments monument in the Alabama Judicial Building are preparing to peacefully resist its anticipated removal this week.
Demonstrators gathered on the courthouse steps say the 5,300-pound monument could be moved in the early morning hours Monday or Tuesday as the business week gets under way.
Whenever workers finally come to remove the monument, supporters of Moore from across the nation intend to keep it from going anywhere by locking hands and dropping to their knees.
Some of the more than 100 demonstrators have kept vigil at the courthouse since last week and are committed to staying as long as it takes to make sure the display stays put.
"I got more energy since I don't know when — God gave me strength," said Scott Campbell, who arrived Thursday from his home in Gurley in north Alabama.
A few people outside the building Sunday want the monument removed.
"I'm here to check out the circus," said 21-year-old Jeremy Jordan of Montgomery. "I thought church was supposed to be separate from the state."
State Chief Justice Roy Moore, a Southern Baptist, had the monument installed July 31, 2001, and has resisted all attempts to have it removed despite his suspension and any number of court battles at all levels.
U.S. District Judge Myron Thompson ordered the washing machine-sized marker removed.
Moore, has vowed to do everything within his power to keep the display at the Alabama Judicial Building. Moore was suspended Friday for his defiance of Thompson's directive.
Many Christians are torn over whose law should be respected — God's or the government's. Few, like Adam Taft, are absolutely sure of their answer.
"If it weren't for God, we wouldn't have this country now," Taft, 20, said on his way into Ridgecrest Baptist Church. "I feel strongly about it — it's the right thing to do."
At Frazer Memorial United Methodist Church, worshippers said they want the Ten Commandments in public life but have reservations about Moore and his handling of the dispute.
"It was forced down our throats," Debbie Stack said of the marker. "This has taken the focus off of God and put it on a man."
Moore has pledged to argue his case to the U.S. Supreme Court, and a citizen's group plans to file a federal lawsuit Monday in Mobile claiming their First Amendment rights are being violated by the monument's pending removal.
Moore contended in an interview last week with the CBS News Early Show that a federal judge has no authority to make him remove it.
"This case is not about a monument and not about politics. It's about the acknowledgement of God," Moore said. "The judge himself said in closing arguments before the court, that the issue is, 'Can the state acknowledge God?'"
"Indeed, we must acknowledge god because our constitution says our justice system is established upon God. For him to say that I can't say who god is is to disestablish the justice system of this state.
Moore argues that he is justified in defying the order because court orders, including those he might have issued himself, are only legitimate if they are based in law.
He also argues that the monument doesn't violate the Constitution's clause forbidding Congress from making laws that promote religion, because "A monument is not a law."
Moore argued the notion of separation of church and state was misunderstood.
"It's not separating God from government. It's not separating the acknowledgement of sovereign from government," he said. "There's a moral law which the state has to honor."
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"If it weren't for God, we wouldn't have this country now. I feel strongly about it — it's the right thig to do." Adam Taftquote
An
unidentified man sits in a window of the State Judicial Building in
Montgomery, Ala., after climbing the metal structure that protects the
windows during a protest over the removal of the
monument. (Photo: AP)
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Ten
Commandments monument in the rotunda of the Alabama
State Judicial Building in Montgomery, Ala. (Photo: AP)
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Alabama Chief Justice Roy Moore addresses a crowd of supporters during a rally on the steps of the Capitol in Montgomery, Ala. (Photo: AP)
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Under God under Fire: Challenging the Pledge in Schools (Justice Talking, Oct 2003)
Millions of school
children pledge their
allegiance every
day. But a recent lawsuit has stirred passionate debate between those who
see the pledge as a healthy exercise in patriotism and those who say it is
forced prayer. The current legal challenge ...
Read More ....