Actually, as I recall from the argument of this judge, he was refusing to comply based on what he interprets the constitution to mean.
Unfortunately, he has not confined his arguments to the constitution.
His stealthy stunt, filmed by “Christian” television, also included exclusive interviews to the “Christian” broadcasters, in which he claimed:
Chief Justice Moore left no doubt how he will respond to any lawsuits that come. "I’ve put the monument depicting the sovereignty of God and His standards in the Judicial building and I have no intention of removing them. We will defend it because it is truth and you can’t deny truth."I personally do not see anything unconstitutional about getting a copy of the Ten Commandments in a court, as long as the proper building permits are secured with the local authorities. Then, while the case is being appealed to the US Supreme Court, the current laws should be observed.In a special interview with Dr. Kennedy that will air September 6 on Truths That Transform, Moore said he is "convinced that God has put me here for a purpose and that one purpose is to acknowledge His law and His sovereignty." Moore’s hope, he said, is to "restore the moral foundation of law, and from that we will hopefully regain some national morality we have lost."
Nevertheless, this judge is either acting out a Super Christian fantasy or looking for free publicity.