Judge Moore Says He Will Take Ten Commandments Case to People
By: Administrative Account | Source: Crosswalk.com
November 5, 2003 3:14PM EST

Robert B. Bluey
Crosswalk.com Staff Writer

Alabama Chief Justice Roy Moore, serving a suspension for refusing to remove a Ten Commandments monument, promised to continue his crusade despite the U.S. Supreme Court's decision Monday not to hear his case.

"The fight's not over. We're going to educate the people of this country as to the meaning of the First Amendment," Moore said on Fox News. "We're going to educate the people and we're going state to state to do it. And if I have to do it on the weekends, that's what I'll do."

In the interview with Fox News anchor Shepard Smith, Moore was unapologetic for his belief that religion has had a profound influence on the U.S. justice system. He said every courthouse should "absolutely" display the Ten Commandments. "The Ten Commandments are merely an acknowledgment of God," Moore said. "If people want to acknowledge God through the Ten Commandments, they should be allowed to do so. If they want to acknowledge God in another way, they should be allowed to do so."

By declining to hear Moore's case, the Supreme Court let stand a decision by the 11th U.S. Circuit Court of Appeals, which upheld a federal judge's ruling that Moore's 2.5-ton monument violated the Constitution.

After several appeals failed, the monument was removed from the Alabama judicial building in August. Moore's supporters hoped the Supreme Court would intervene or at least hear arguments in the case, but neither materialized.

Even though Moore's case had the highest profile among Ten Commandments disputes, several others remain active and could prompt future consideration of the Supreme Court.

Moore's supporters remained optimistic. Mathew Staver, president and general counsel for Liberty Counsel, said the decision wasn't surprising considering the court hears only about 1 percent of the 8,000 to 10,000 cases petitioned each year.

"The Supreme Court's denial of the Alabama case says nothing about the constitutionality of the Ten Commandments," Staver said. "I anticipate that sometime within the next two years, the Supreme Court will hear a case involving the Ten Commandments."

The Liberty Counsel, a Florida-based religious-liberties group, is actively involved in 10 separate Ten Commandments disputes across the country. The American Center for Law and Justice, a Virginia-based public interest law firm, has also defended Ten Commandments displays.

The groups have been victorious on some fronts, but they were eager to have the Supreme Court hear Moore's case. Several challenges remain active, which means it might not be the last time the court is petitioned to hear a Ten Commandments dispute.

The 6th U.S. Circuit Court of Appeals heard arguments Friday in a case of an Ohio judge who was found in violation of the Constitution when he hung a framed poster of the Ten Commandments in his courtroom.

The American Civil Liberties Union brought the case against Judge James DeWeese and is involved in several other Ten Commandments lawsuits.

Two cases pending in Kentucky and Nebraska could also get consideration from the Supreme Court sometime in the future.

Defenders of a Ten Commandments display in Mercer County, Ky., won the first round in court, but the ACLU is appealing to the 6th Circuit. Proponents are also waiting for a decision from the 8th Circuit Court of Appeals regarding a dispute in Plattsmouth, Neb.

In August, judges from the 2nd Circuit allowed the Ten Commandments to be displayed at the Chester County, Pa., courthouse based on its historical value. The ACLU didn't appeal the decision, allowing the ruling to stand.

An active Ten Commandments supporter, Dan Becker, pastor of Little River Church in Union Hill, Ga., said that decision is just one example of the conflict among courts on the issue.

"The federal districts all over the United States have handed down conflicting rulings," said Becker, who led a rally Friday in Canton, Ga. "This is something the Supreme Court cannot avoid and will at some point have to address."

Even opponents of Ten Commandments displays acknowledged that the fight was far from finished. Larry Darby, president of the Atheist Law Center in Montgomery, Ala., predicted that Moore and his followers would forge ahead undaunted by Monday's setback.

"They will continue to test the water until they finally destroy the U.S. Constitution," Darby said. "They have to do that to change our form of government to a theocracy rather than a constitutional republic."

Moore, however, recast the issue as a matter of morality. He vowed to stand up for his beliefs.

"We've got to understand where our morality comes from. In the state of Alabama, of course, our justice system is established invoking the favor and guidance of almighty God," Moore said. "For a federal judge to say we can't acknowledge God intrudes his powers into the sovereignty of this state."