theists and state-church separationists joined in a protest yesterday when black legislators attempted to place a memorial in the Judicial Building to the late Martin Luther King next to a controversial monument of the Ten Commandments.

   Rep. Alvin Holmes and 18 other lawmakers were blocked by armed security guards and police at noon as they tried to erect a tripod and plaque containing excerpts from King's "I Have a Dream" speech delivered 38 years ago during the historic March on Washington. Led by Mr. Holmes, the crowd made it through two outer glass doors of the building into the foyer before they were stopped by officers.

   The incident was about more than a display for Dr. King, though.

   Atheists and other state-church separationists were also protesting the recent decision by Alabama Chief Justice Roy Moore to erect a 5,280-pound granite monument inscribed with the Ten Commandments in the state building's rotunda. Moore, a former Etowah County judge, has become a high profile and even belligerent advocate for the display of religious symbols and iconography in public venues. While a county judge, he mounted a hand-carved Ten Commandments plaque above his dais, and opened daily court business with a religious invocation often led by a Baptist preacher. Moore also defied a court ruling to remove the Decalogue from his courtroom, surviving a lawsuit filed by Alabama freethinkers. Last year, he was elected to the state's highest judicial position, and vowed to carry his campaign for display of the Ten Commandments to the capital.

   In a surprise move earlier this month, Moore quietly ordered placement of the Commandments monument in the rotunda of the Judiciary Building.

   "The monument serves to remind the appellate courts and judges of the circuit and district courts of this state and members of the bar who appear before them as well as the people of Alabama who visit the Alabama Judicial Building of the truth stated in the preamble of the Alabama Constitution, that in order to establish justice we must invoke 'the favor and guidance of Almighty God,' " Moore declared in a statement. The move disturbed many legislators and citizens, since Moore did not even consult with other judges or elected officials. He cited his authority as the "leaseholder" of the Judicial Building.

   Graham George, the manager of the building, told Rep. Holmes that the plaque may be "considered" for placement in the Judicial Building, but that he alone would determine if and where it would be displayed. There is no evidence that George was consulted by Judge Moore, though, when the massive Ten Commandments monument was stealthily placed in the rotunda during the night of August 1.

   State Sen. Hank Sanders (D-Birmingham) told reporters, "If the Ten Commandments were in our hearts as opposed to in a statue, we would be on the inside ... I would hope that these doors would swing open and let justice roll in."

   Rep. Demetrius Newton (D-Birmingham), the speaker pro tem of the House, said that he had worked to appropriate money for construction of the Judicial Building, and was offended now that he had been shut out and excluded.

   Atheists and First Amendment separationists were also in the protest with the civil rights contingent. The Montgomery Advertiser noted, "The two groups were on the same side," focusing on Judge Moore and the unconstitutional Ten Commandments display.

   Larry Darby, Alabama State Director for American Atheists told the paper, "If Roy Moore can put his idolatry in there, then every other citizen can put whatever they want in there." He added that he may attempt to place the symbol of American Atheists in the rotunda. Darby is also mulling a possible lawsuit against Moore's Decalogue display, saying that it violates the separation of church and state.

   Pat Cleveland of the Alabama Freethought Association chided officials for not permitting free speech and the placement of the memorial to Dr. King. "The building should be for all the people, and it's not," Cleveland said.

   Display of the Ten Commandments in classrooms, government buildings and other public venues has become a volatile "culture war" issue. In May, the U.S. Supreme Court declined to hear an appeal on a lower court ruling which declared as unconstitutional a Commandments monument in front of the Elkhart, Indiana town hall. That decision applies only to states in the Seventh U.S. Circuit; and other courts have ruled that the Ten Commandments can be displayed, but only if they are part of a larger presentation involving legal or historical documents.

   Unlike his Etowah County Commandments plaque, Judge Moore's new monument includes quotations on the side from Jefferson, Washington and Madison. Critics say that it is still pervasively a religious monument to the Commandments, and thus violates the separation of church and state.

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