n what may be a prelude to court action, the American Atheists State Director for Alabama has asked for permission to display a sculpture of the organization's logo in proximity to a controversial Ten Commandments monument erected in the Judicial Building.

   In a letter faxed and sent by certified mail to Chief Justice Roy Moore, attorney Larry Darby said that he wished to install a small presentation featuring the atomic whirl, "representing the importance of the use of scientific analysis in the creation of a better life for mankind." A copy of the communique was also sent to Graham George, the building supervisor.

   The action comes after a group of black legislators attempted to erect a memorial to the late Dr. Martin Luther King in the court rotunda, but were blocked in their efforts. Joining in that protest earlier this week were Atheists and other state-church separationists protesting Judge Moore's unilateral decision to erect a 5, 280-pound granite monument of the Ten Commandments.

   Moore, a former Etowah County judge, has become a poster boy in the religious right campaign to have the Commandments posted in public school classrooms, government buildings and other public venues. Critics like Darby say that this violates the separation of church and state, and places government in the unconstitutional role of promoting religious belief.

   In a media statement about his proposed sculpture, Mr. Darby said that Judge Moore should examine the yellow pages of phone directories throughout Alabama. "There are plenty of churches, mosques, temples and other houses of worship for the citizens of this state where they may voluntarily practice their faith. We don't need to turn the state court building into a religious shrine."

   "This is all about the separation of church and state," added Darby. "Judge Moore used his authority as Chief Justice of the supreme court to erect a monument which, to any reasonable observer, is religious and commands obedience to a particular God."

   During his campaign for the Alabama supreme court post, Moore promised that he would continue to make the Ten Commandments an issue in Montgomery if elected. On the evening of August 1, the massive Vermont granite Ten Commandments monument was moved into the rotunda of the Judicial Building with no public notice or ceremony. Moore claims that he has the authority to erect such a display since he is the "leaseholder" of the building.

   Legislators seeking to have a display of their own to commemorate Dr. King and his famous "I Have A Dream" speech were blocked earlier this week by police and state security guards. Graham George, who manages the state facility, told lawmakers and supporters that he would make any and all decisions as to what displays would be permitted in the building, and where they would be positioned. It is not known if Moore bothered consulting with George prior to the placement of the Ten Commandments monument, but other justices on the court were not asked about the new addition to the rotunda.

   Darby says that by erecting the Ten Commandments display, Moore may have created what amounts to a "free speech" zone that once established must be opened to any and all groups and points of view. "We're using the sculpture of our organization's symbol to test just how 'free' this zone is, and whether Justice Moore will tolerate other opinions," he said. The action could also be another step in a lawsuit to challenge the Ten Commandments monument.

Larry Darby
Alabama State Director, American Atheists
August 29, 2001

to: Chief Justice Roy S. Moore
Supreme Court of Alabama
300 Dexter Avenue
Montgomery, AL 36104-3741

Dear Chief Justice Moore:

   I have recently seen that you have installed a sculpture of the Ten Commandments in the rotunda of the Alabama Supreme Court building. According to what I have read, you have said that this sculpture reflects what you called "our nation's Judeo-Christian heritage." I am the Alabama State Director of the American Atheists, Inc., and on behalf of the members of American Atheists, I would like to install a similar sculpture, reflecting our nation's nonreligious heritage and the importance of logic, skepticism and reason in our judicial system.

   The proposed sculpture features the symbol of the American Atheists, the atomic whirl, representing the importance of the use of scientific analysis in the creation of a better life for humankind. A two-dimensional depiction of the symbol appears on our letterhead, as you can see above.

   Yesterday, I witnessed State Representative Alvin Holmes' attempt to install a display in the building. We do not want to be met at the door with guards when we place our symbol in the rotunda, as he was. Therefore, while I believe that the Alabama Supreme Court building is a public building, I am appealing to you first, since you have claimed, as holder of the court building's lease, to have the authority to control the interior decoration of the building. Although I do not believe it has been established that you have such authority, I am anxious to install the sculpture and I would to take all possible steps to accomplish this goal.

   I understand from Mr. Graham George that sculptures must be donated to the building before they can be installed in the rotunda. We are prepared to donate the sculpture, but I would like to know your position before we go t the trouble of transporting it downtown. However, if you need to see the sculpture before reaching your decision, it can be arranged.

   If I do not hear from you by the close of business on September 5, 2001, I will assume that you do not have a problem with the placement of our sculpture. I look forward to hearing from you.

Sincerely,

(signed)
Larry Darby
cc: Graham George

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