Posted on 08/22/2003 4:25:33 AM PDT by kattracks
MONTGOMERY, Ala. (AP) — Alabama's top judge refused to back down in his fight to keep a Ten Commandments monument and lashed out at his colleagues who ordered it removed from the rotunda of the state judicial building."I will never deny the God upon whom our laws and country depend," Chief Justice Roy Moore said in a fiery defense of the 5,300-pound granite marker, as supporters cheered and prayed on the building's steps.
The monument was still in the building's rotunda early Thursday evening, and court officials did not say when or where it would be moved.
U.S. District Judge Myron Thompson, who had ruled the monument's placement violated the Constitution's ban on government promotion of a religious doctrine, has said it could be moved to a private place still within the building. He had threatened $5,000-a-day fines if Moore left the monument in the public rotunda.
Moore installed the monument two years ago and contends it represents the moral foundation of American law.
"Not only did Judge Thompson put himself above the law, but above God as well," Moore told his supporters Thursday.
The chief justice had appealed to the U.S. Supreme Court for an emergency stay of the removal order, but the court rejected it Wednesday. Moore said Thursday he would file a formal appeal with the high court soon "to defend our constitutional right to acknowledge God."
"I cannot forsake my conscience," he said.
His supporters, meanwhile, promised to block any effort to remove the monument.
"We will kneel at the doors. We will prevent forklifts or trucks from coming in," said Rev. Patrick Mahoney, director of the Christian Defense Coalition, which is organizing around-the-clock demonstrations.
Moore's eight colleagues on the state Supreme Court intervened after Thompson's midnight deadline for removing the monument passed and the monument remained. In ordering the monument moved, the justices said they were "bound by solemn oath to follow the law."
Justice Gorman Houston said all eight instructed building manager Graham George to "take all steps necessary to comply" with the removal order. George declined to comment when asked when, how or where the monument would be moved.
Attorney General Bill Pryor filed a notice with the federal district court after the justices' issued their order and said he believed that would remove any risk of fines.
Taxpayers "should not be punished for the refusal of the chief justice to follow a federal court order," he said.
A partition was put in front of the monument early Thursday but was removed after about three hours. Houston said the building manager may have erected it to comply with the order.
Gov. Bob Riley said in a statement that he supports public displays of the Ten Commandments, but also supports the decision of associate justices to "uphold the rule of law."
In his speech Thursday, Moore said he was "disappointed with my colleagues" and lashed out at "this so-called rule of law" that they cited. He said such blind obedience would have allowed slavery to continue.
Richard Hahnemann of Huntsville, the monument's sculptor, said he expects voters to remember what the justices did come election day.
"They have their opinion. Justice Moore was elected by the people to do what he did," Hahnemann said.
Richard Cohen, an attorney for the Southern Poverty Law Center — which sued along with the American Civil Liberties Union and Americans United for Separation of Church and State — praised the eight justices.
"Their courageous actions reflect that Justice Moore is a disgrace to the bench and ought to resign or be removed from office," Cohen said.
Still, protesters outside the building said they were willing to stand in the Alabama heat and risk arrest for days or weeks to keep the monument inside. Twenty-one were arrested Wednesday night on trespassing charges for refusing to leave the monument when the building was closing.
Stephen Hopkins, pastor of Burnet Bible Church in Burnet, Texas, was one of those arrested. He said he was willing to be arrested even though he has 10 children.
"This is a great hypocrisy," Hopkins said. "This is an assault on God. They're saying we're going to cover up God."
You see, the funny thing is that our Constitution rights aren't up for popular vote. Remarkably, it's why it never goes before a jury. Because the public's opinion doesn't matter.
And, incidentally, for public knowledge, I'm just about the most conservative person I've ever met in my life, and I'm a member of the ACLU. I think most conservatives should be, as the ACLU serves an important purpose in checking the power of government.
A fine book on the subject is by the former director of the Indiana Civil Liberties Union, Shelia Suess Kennedy, "What's A Nice Republican Girl Like Me Doing in the ACLU?"
The STATE SUPREME COURT of ALABAMA ruled against him! He is breaking their ruling on the law. How is that a federal matter?
Unfortunately, there are many ambiguities in the Bible. The Hebrew children who would not honor the law of the land which restricted their praying to their God is one example. There are times when you need to take a stand, not just as a Christian, but as an American.
We do have an appeals process in this country and the judge is not wrong to follow that through. This is an issue that the "separation of Church and State" people have grabbed hold of and disseminated much disinformation regarding. IMHO, this issue needs to be pushed and decided, possibly by the SC Justices once and for all because there are many ambiguities relating to this subject in our country.
Currency, Chaplains, Declaration of Independence, swearing in process, etc...all allow the aknowledgement of a Higher Power, a Creator, God. Now the ACLU arbitrarily, or not so, decides to attack a statue in Alabama? The lefties accuse us of trying to backdoor laws regarding life to overthrow pro-abortion laws, well it seems if that is true it's a page out of their own book as they attack religious freedoms in this way.
Who has been restricted from praying? I'm sorry that you think the Bible is ambiguous. I believe it's actually very consistent when taken as a whole and understood as the Word, the Beginning and the End, Jesus Christ.
If we are talking Constitutional Law, that is fine (and there I disagree with the disobediance of a State court's and top official's commandment to Moore as well). But I was addressing many of these FReepers who say that not defending this guy is somehow not "Christian".
(from today's Washington Times)
But the eight state justices said Judge Thompson's order must be followed, writing that they are "bound by solemn oath to follow the law, whether they agree or disagree with it."... In their decision, the eight state justices invoked a state law that gives them the authority to overrule any administrative decision made by the chief justice.
They caved in on the principle, not the law.
The Alabama Supreme Court says they are "bound by solemn oath to follow the law". What "law" are they following in this case? There is NO Federal law, passed by Congress, which addresses this controvery. Only forty years of judicial activism has formed some sort of precedent. But, no law. So, are they saying whatever a Federal judge says is now "law"? Apparently they have conceeded that point.
What they've done in saying they are following "law" is in fact only following a judge's orders, which is a far different thing than following the law - unless everybody wants to conceed whatever a Federal judge says from the bench is settled law.
Now these judges have picked an Alabama Law with which to enforce the ridiculous ruling of a non-existant Federal Law. This is a slipperly slope Judge Moore is refusing to traverse, and for good reason.
I fear these Alabama Judges have picked the wrong hill to die on.
Don't bother to reply with your opinion as to his motives, just talk about what he has done.
BTW, exactly what law is CJ Moore in violation of?
Make up your mind. Is he guilty of violating man's law or God's law, in your opinion?
If it's man's law, exactly what law has he violated?
If it's God's law, exactly what law has he violated?
They hate that question.
My point is that God's leading is to be followed and that sometimes He leads us to obey man's rule and in other circumstances He expects us to honor His when they are in conflict. To the world's eye it would appear ambiguous, but it is certainly consistant with His will and plan for His children.
Though the Commandments tell us not to kill, it is obvious that there are circumstances in which His will has been for death and destruction. Ambiguous? So it would seem apart from his sovereignty.
The original Hebrew word is much closer to our word for "murder" as opposed to "kill". Thus the reason the NIV version of the Bible translates Exodus 20:13 correctly as "You shall not murder."
My point is that God's leading is to be followed and that sometimes He leads us to obey man's rule and in other circumstances He expects us to honor His when they are in conflict.
I don't see how God's law and man's law are in conflict in this situation.
If it's man's law, exactly what law has he violated?
That Constitution thingy. Perhaps you've read about it somewhere?
Not just values, but freedom as well. Right on Byron.
I repeat, what law has CJ Moore violated?
Save us the slippery answer, gen'l. You made it clear that you are positive CJ Moore has violated God's law. Which part? What has he done that is a violation of God's law.
Put up or shut up.
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