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Judge (Moore) Appeals Call to Remove Decalogue
AP ^

Posted on 12/10/2002 10:56:29 AM PST by Dallas

MONTGOMERY, Ala. --

Chief Justice Roy Moore filed notice Tuesday in federal court that he will appeal a judge's order that he remove a monument to the Ten Commandments from the rotunda of the Alabama Judicial Building.

"Federal district courts have no jurisdiction or authority to prohibit the acknowledgment of God that is specifically recognized in the Constitution of Alabama," Moore said in a statement announcing the appeal.

Moore's spokesman, Tom Parker, read the statement at a news conference Tuesday in front of the 5,300-pound granite monument.

"For a federal court to say we cannot acknowledge God contradicts our history and our law," Moore said in the statement. He did not attend the news conference.

U.S. District Judge Myron Thompson's order found the monument violates the Constitution's ban against government establishment of religion and gave Moore 30 days to remove it.

One of Moore's attorneys, Phillip Jauregui, said part of the chief justice's appeal would be based on the argument that Thompson did not have jurisdiction.

But an attorney for the Southern Poverty Law Center, Richard Cohen, said plaintiffs would win again on appeal.

"I think what we heard today echoed of George Wallace," Cohen said. "He said the federal courts have no authority to order him to do anything Alabama law doesn't require him to do. Whatever views Moore has about this, federal law is supreme."

The notice of plans to appeal to the 11th Circuit Court of Appeals in Atlanta was filed in federal district court in Montgomery.

Moore moved the monument into the rotunda in the middle of the night on July 31, 2001, with a film crew from Coral Ridge Ministries documenting the event. Moore, a conservative Christian, attracted national attention as a circuit judge in Gadsden when he refused to remove a wooden Ten Commandments display from a courtroom wall. During his campaign for chief justice, Moore was often referred to as "The Ten Commandments judge."

A lawsuit was filed in October 2001 by the Southern Poverty Law Center, Americans United for Separation of Church and State and the American Civil Liberties Union on behalf of three Alabama lawyers who said the monument violated the constitution.

During a weeklong trial in October, Moore testified that he believes the Ten Commandments to be the foundation of American law. He said he installed the monument, which also includes quotations from historical figures, partly because of his concern that the country has suffered a moral decline over the past 40 or 50 years as a result of federal court rulings, including those against prayer in public schools.



TOPICS: Breaking News; Constitution/Conservatism; Culture/Society; Government; News/Current Events; US: Alabama
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Comment #21 Removed by Moderator

To: mason123
Actually, it's not "Christian Text". The big ten are based on Judaism.

It's well established that any seperation of church and state only applies at the federal level. States are supposed to be able to do whatever they want.

22 posted on 12/10/2002 11:35:45 AM PST by Dallas
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To: concerned about politics
...ok, a couple of other things come to mind. Have marriage defined as a union between a man and woman. Outlaw same sex sodomy. Prohibit cloning and fetal cell research.

Now beyond that, plus what was mentioned in my previous post, what are the legislative goals of Christians.
23 posted on 12/10/2002 11:44:32 AM PST by Diverdogz
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To: Dallas
It's well established that any seperation of church and state only applies at the federal level. States are supposed to be able to do whatever they want.

That got muddied a bit by the 14th Amendment.

24 posted on 12/10/2002 11:48:27 AM PST by dirtboy
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To: Diverdogz
A society/government based on moral absolutes. For starters,...without invoking the name of God, what purpose is there for taking an oath ?

"I swear to tell the truth, the whole truth, and nothing but the truth. So help me,..uh Me?"

25 posted on 12/10/2002 11:48:45 AM PST by Dallas
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Comment #26 Removed by Moderator

To: mason123
This is the judicial branch of the state government placing religious texts in the center of a government building. Anyone wanting to exercize their right to petition the courts for a redress of grievances must confront this governmental endorsement of a particular religion.

If the judge were to invoke the Ten Commandments as relevant common law in trying or sentencing someone, you would have a point, and the defendent would have sound reason to appeal the judge's decision, and the judge should face sanction. But it is not establishment of religion to have the Ten commandments in the lobby of a courtroom, nor to have a menorah at the local town hall, or other religious symbols in the Governor's mansion. The anti-religion types in this country have taken their crusade too far, to the point of irrelevance.

27 posted on 12/10/2002 11:51:00 AM PST by dirtboy
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To: concerned about politics
Dadgum, I thought of one more: Allow churches to openly endorse political candidates (just like the dems do now).

Now, assuming all of the previously mentioned items are laws on the books.... What are the ultimate legislative goals - or will victory be declared at that point.

Thanks again.
28 posted on 12/10/2002 11:51:32 AM PST by Diverdogz
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To: Texas_Jarhead
Yea, it's a secular trinity!
29 posted on 12/10/2002 11:52:52 AM PST by Theodore R.
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To: Texas_Jarhead
Wouldn't it be fun if Morris Dees campaigned for Chief Justice against Judge Moore? He could bring AR Bill and NY Hillary in to speak for him. Maybe even Mary Landrieu could come over from New Orleans for an appearance.
30 posted on 12/10/2002 11:55:05 AM PST by Theodore R.
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To: Dallas
It's well established that any seperation of church and state only applies at the federal level. States are supposed to be able to do whatever they want.

So states could mandate that all its residents have to be one religion, or that those of a certain religion would have more or less advantages, preferences, or restrictions? I don't think so.

31 posted on 12/10/2002 12:00:05 PM PST by Catspaw
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To: mason123
Well, the monument isn't exactly attractive in a stylistic sense.
32 posted on 12/10/2002 12:01:22 PM PST by Catspaw
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To: Dallas
I hope the govt. has to bring troops to take it down.....Moore, don't lose your toughness on this.
33 posted on 12/10/2002 12:07:14 PM PST by rwfromkansas
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To: dirtboy
It still holds up, as the court decisions did not expand the 14th Amendment to apply to it until decades after it was ratified. Early court decisions after the 14th Amendment realized the Amendment has no bearing here.
34 posted on 12/10/2002 12:08:52 PM PST by rwfromkansas
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To: Texas_Jarhead
they have used litigation to coerce, oppress, and stifle American Christian religious freedom.

That, indeed, is a provable FACT, over and over and over and over, year after year after year after year. As Bill O'Reilly pointed out, our country was just fine for the first 200 years. It's only been the last 50 that everyone's been "made aware" of how "screwed up American and the Founding Fathers" were to think they way the did the first 200 years of our history.

I'm glad the lawyers and ACLU's and others during our generation are so much more enlightened about the Founding Fathers' intent than were the Founding Fathers themselves. /sarcasm

35 posted on 12/10/2002 12:19:29 PM PST by nicmarlo
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To: rwfromkansas
Do you have access to the applicable 14th amendment cases?
36 posted on 12/10/2002 12:24:11 PM PST by Catspaw
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To: mason123
LOL....there's a substantial amount of quotes from the founding fathers that address the issue. Just say the word, and I'll let er rip.....
37 posted on 12/10/2002 12:24:41 PM PST by Dallas
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To: newgeezer
Tell me what "religion" is being promoted by displaying by the Ten Commandments? Jewish, Baptist, Catholic, 7th Day Adventist, Mormon, Jehovah's Witness, Congregational, Lutheran, Quaker, or, perhaps, one I didn't mention? Don't lump them all together as Christian, because they differ in their doctrines and beliefs. Name the specific religion being promoted by this display for which this Judge is accused?
38 posted on 12/10/2002 12:25:22 PM PST by nicmarlo
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To: Dallas
U.S. District Judge Myron Thompson's order found the monument violates the Constitution's ban against government establishment of religion and gave Moore 30 days to remove it.

I find that Judge Thompson's order violates the Constituition's ban against government prohibiting the free exercise of religion. So there. ;-)

39 posted on 12/10/2002 12:26:24 PM PST by Chemist_Geek
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To: Catspaw
So states could mandate that all its residents have to be one religion, or that those of a certain religion would have more or less advantages, preferences, or restrictions? I don't think so.

That would be establishing a religion, which is not what I said.

40 posted on 12/10/2002 12:28:23 PM PST by Dallas
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