'Ten Commandments Judge' erects monument in state Supreme Court

By The Associated Press,
freedomforum.org staff

08.05.01

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Pate DeBardeleben views monument to Ten Commandments unveiled in the rotunda of the Alabama Supreme Court Building in Montgomery, Ala., on Aug. 1. It weighs 5,280 pounds. Engraved on the granite are quotes from America's forefathers supporting the idea that the commandments are the foundation of law.

MONTGOMERY, Ala. — A 5,280-pound monument dedicated to the Ten Commandments was unveiled in the Alabama Supreme Court rotunda Aug. 1.

The monument is four feet tall and holds two tablets with the Ten Commandments. Engraved on the granite are quotes supporting the commandments' basis as the foundation for law.

"To restore morality we must first recognize the source from which all morality springs," said Chief Justice Roy Moore after presenting the monument. "From our earliest history in 1776 when we were declared to be the United States of America, our forefathers recognized the sovereignty of God."

Moore became known as the "Ten Commandments Judge" when, as a circuit judge in Gadsden, he fought a legal battle with the American Civil Liberties Union and others to keep a handmade plaque of the commandments posted in his courtroom. The litigation ended without a ruling on the merits of the case, but Moore's fight made him a national figure and helped get him elected chief justice last November.

Since moving to the Alabama Supreme Court in January, Moore has displayed his Ten Commandments plaque in his outer office rather than in the Supreme Court chamber, which has brought no complaints from the ACLU.

Moore used his authority as the leaseholder of the Supreme Court building to place the monument in the entryway late July 31, said his attorney, Stephen Melchior. The other Supreme Court justices were not advised before the monument was built or put in the building.

No taxpayer money was used, Moore said. He said the monument was paid for by himself, sculptor Richard Hahnemann and other private donors. Its cost will be revealed in about a week, Hahnemann said.

The ACLU hasn't decided whether it will pursue a lawsuit to remove the monument, but there may be constitutional problems with the display, said Joel Sogol, an attorney with the ACLU.

"Our courts should enforce secular law, and not God's law," Sogol said. "No one should be made to feel as an outsider in their own community — certainly there are going to be any number of people who ... get the message that they don't belong."

Another group, Americans United for Separation of Church and State, has said a lawsuit will likely be filed.

"This is a monumental violation of the U.S. Constitution," said the Rev. Barry Lynn, Americans United executive director, in a news release. "The Ten Commandments is a religious code, and should not be promoted by the government. The Commandments have done well for thousands of years; they don't need Roy Moore's help.

"In this country, religion is a matter of personal conscience, not government imposition," he added.

Several Supreme Court justices have expressed displeasure at Moore's actions.

Associate Justice Douglas Johnstone, a Democrat, issued a statement that said: "Courts should confine themselves to deciding their cases according to established law. I shun symbolic controversies because I think time and effort are better spent in tangible service rather than symbolic gesture.

"However, while I believe in God, I oppose the movement to govern in the name of God. People who govern in the name of God attribute their own personal preferences to God and therefore recognize no limits in imposing those preferences on other people," he continued.

Associate Justice Gorman Houston said that while he shares many of Moore's beliefs, he "would not try to subject them on other people."

Associate Justice Tom Woodall said he would have preferred that Moore consult his fellow judges.

Meanwhile, state Rep. Alvin Holmes said he planned to permanently display slain civil rights leader Martin Luther King Jr.'s "I have a dream speech" beside the Ten Commandments monument.

Holmes said he has hired an artist to prepare the display, which he plans to pay for himself, and will hold a public ceremony this week when he sets it up in the court building lobby.

Holmes said Moore "didn't check with anybody" before having the Ten Commandments monument put in the building during the night, so he's "not going to check with anybody either."

He also said he was prepared to go to federal court if anyone blocked the display of the 1963 speech King made in Washington.

Moore did not return messages seeking comment about the Montgomery Democrat's plan.

Update

Alabama chief justice refuses to display atheist symbol alongside commandments
Meanwhile, survey reveals nearly one-fourth of Kentucky’s counties have religious codes posted in public buildings, despite court order barring such displays in some counties.  09.11.01

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