Suspended Alabama Chief Justice Roy Moore has taken his Decalogue battle to a higher power, asking the U.S. Supreme Court to allow his Ten Commandments monument to be put back on display in the state’s Judicial Building.
“This court has failed to discharge its duty to provide a uniform rule of law governing Establishment Clause cases,” Moore wrote in his petition, adding that as a result “the lower federal courts are floundering in a sea of precedents with no legal rudder.”
Monument of Ten Commandments
WorldNetDaily reported the 5,300-pound granite monument, which Moore installed two years ago to acknowledge God’s law as the moral foundation for America’s judicial system, was moved Aug. 28 from the rotunda of the Judicial Building to a non-public back room.
Ten Commandments monument was moved Aug. 28 (Photo: Wsfa.com)
The relocation followed Moore’s suspension by the Alabama Judicial Inquiry Commission for refusing to comply with a federal judge’s ordered removal. Moore faces trial Nov. 12 for judicial ethics charges.
U.S. District Court Judge Myron Thompson ruled last year the monument violates the Establishment Clause, which provides that “Congress shall make no law respecting an establishment of religion.” He wrote in his opinion the monument was “nothing less than ‘an obtrusive year-round religious display.'”
Moore lost an appeal July 1 at the 11th U.S. Circuit Court of Appeals. His 31-page filing asks the Supreme Court to hear his appeal of that July ruling. He argued his case falls into a “legal void” recognized by numerous courts.
“It appears that this court is sending a signal to the lower courts that they may resolve these cases at their discretion,” Moore contended. “Thus, in the Establishment Clause arena the Constitution is not the supreme law of the land, but varies circuit to circuit, and district to district, depending on the specific facts and circumstances of each case as determined by individual judges.”
Moore is not alone in his struggle to promote the Ten Commandments. Some two dozen similar disputes have gone to court since 2000.
Moore’s battle grabbed worldwide attention as hundreds of supporters held a vigil at the judicial building for several days prior to and after the monument’s removal. Evangelical leader James Dobson and former U.N. Ambassador Alan Keyes rallied Decalogue backers from all over the country.
Moore has since declined offers to display the monument in Mississippi and North Carolina, but recently met with congressional members to discuss exhibiting the marker on Capitol Hill.
In a show of support for Moore, the Christian Coalition of Alabama organized a caravan to Washington with planned rallies in cities along the way. Hundreds gathered at the state Capitol in Georgia yesterday, where a plastic foam replica of “Roy’s Rock,” as it’s nicknamed, was displayed. Demonstrators carried signs which read: “Thou Shalt Not Put God’s Law in a Closet.”
“It is our duty as citizens to make our voices be heard and to ensure our rights to display the Ten Commandments in our public buildings,” Gov. Sonny Perdue told the crowd, according to the Atlanta Journal-Constitution. “The Supreme Court may be the final judicial authority in our land, but they are not the ultimate authority.”
Moore wrote a treatise on his battle to retain the monument in the July issue of Whistleblower magazine, WND’s monthly print publication.
In the August issue, entitled “LAW-LESS: Why many Americans fear attorneys and judges more than terrorists,” Roy Moore is the subject of an in-depth profile. Subscribe to Whistleblower magazine.