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FLASHLINECOMMANDMENTS MONUMENT MUST GO, BUT JUDGE LEAVES ENFORCEMENT TO ALABAMA STATE OFFICIALS -- WILL JUSTICE MOORE COMPLY?
Web Posted: August 6, 2003
On Tuesday, U.S. District Judge Myron Thompson said that Moore has 15 days to remove the unconstitutional display or face potential fines of up to $5,000 per day for the first week. Supporters of Moore, however, reacted bitterly, and several Christian organizations promise to organize a monster rally in support of the embattled jurist on Saturday, August 16 in front of the state Judicial Building in Montgomery. Moore spokesperson Tom Parker called the federal judge's latest order "judicial tyranny," adding that it was "calculated to intimidate and cause the chief justice of Alabama to violate his oath of office" to uphold the federal and state constitutions. Parker noted that the Alabama Constitution "specifically mandates an acknowledgement of God upon which the justice system of this state depends." But Judge Thompson left enforcement of his ruling up to state officials, including Justice Moore who originally cited his status as "leaseholder" of the Judicial Building as authority to erect the Commandments display. "It is the initial obligation of the State of Alabama, not this court and not any federal official, to remove the monument," Thompson opined in an eight-page court ruling. "The court, at this time, does not envision a scenario in which there would be an opportunity for any physical confrontation between federal and state officials or between federal officials and anyone else."
Attorney General Bill Pryor is President Bush's pick to hold a position on the 11th U.S. District Court of Appeals. Last week, the Senate failed to vote cloture on Pryor's nomination. Pryor has spoken at meetings and rallies in support of Justice Moore, and gone on record defending the display of the Commandments and other religious symbols on public property. And Governor Bob Riley has an equally disturbing record on state-church separation. He has called for public prayer in support of various causes, from the war in Iraq to raising taxes, and even organized prayer groups and Bible clubs to meet in state offices. Thompson said that Moore has the option of relocating the monument to a "private" part of the Judicial Building, including his own offices. He added that it is the state's obligation to pay for removal of the display from its present location. Should he find Justice Moore in civil contempt, wrote Thompson, he "could levy a fine of $5,000 a day for the first week ... with the amount of the fine perhaps to double at the beginning of each and every week thereafter." So far, Christian groups like televangelist James D. Kennedy's Coral Ridge Ministries say they have picked up most of the tab for Moore's legal fight. Kennedy's organization raises money in part from selling video tapes made on the night of the monument's stealth move into the state building. Moore might put up a series of legal challenges to Thompson's order, though, and at the last minute remove the monument saying that he does not wish to impose further financial burden on Alabama citizens. Or he may carry on his culture-war crusade to the U.S. Supreme Court. Richard Cohen of the Southern Poverty Law Center, one of the plaintiffs that went to court to challenge the Ten Commandments monument, told the Birmingham News that Moore should either comply or remove the display or resign. "I think that it's pretty obvious from Justice Moore's conduct throughout this case, that he is trying to provoke some sort of confrontation, trying to portray himself as a martyr, trying to use religion in the way that George Wallace used race for his political advantage," said Cohen. Ayesha Kahn of American United for the Separation of Church and State, another plaintiff, said that Attorney General Pryor should urge Moore to dismantle the unconstitutional display adding that "reason should prevail over politics," and that the Chief Justice should "spare the Alabama public and the Ten Commandments a painful and divisive battle." Larry Darby, Alabama State Director for American Atheists, hailed Judge Thompson's injunction. "Justice Moore continues to embarrass law abiding citizens of Alabama by such belligerent opposition to the rule of law under the Constitutions of the United States and Alabama," Darby told reporters. He added that contrary to the claims of some Moore supporters, taxpayers could end up paying cost of over $1 million in fees. "Moore's militant defiance of the supreme law of the land indicates that he longs for a theory," Darby said. "His actions subvert the U.S. Constitution, particularly Article III, Section II. He has created a situation of government-coerced religious worship by placing his graven image of the Ten Commandments on taxpayer property." Indeed, in the wake of Thompson's order, Moore has again told reporters that federal law does not apply to the actions of his office or the state of Alabama. On Monday, Moore's legal team filed a two-paragraph statement with Judge Thompson's office proclaiming, "the Federal District Court has no jurisdiction, power or authority to remove this public acknowledgement of God, which is authorized in the constitution of the state." But other courts, including Judge Thompson have consistently rejected this version of the "state's rights" argument. Thompson ruled the monument unconstitutional on November 18, 2002 and on December 19 ordered it removed. He stayed that injunction, though, on December 23 pending an appeal to the 11th U.S. Circuit Court of Appeals. Last month, the Circuit Court judges affirmed Thompson's ruling. Attorneys for Justice Moore say they will take their legal fight on to the U.S. Supreme Court.
CHRISTIAN GROUPS CALL FPR PROTEST, CIVIL DISOBEDIENCE -- CITE RELIGIOUS "LAND IN THE SAND" Organizations supporting Justice Moore and his religious cause say they will protest and even "resist" any attempt to remove the unconstitutional Ten Commandments monument. Moore has become a rallying point for churches and religious groups who insist that America is a "Christian nation" founded upon a belief in god, and say that their rights are under assault by secular courts. Critics point out, though, that with 350,000 chapels, churches and other houses of worship in the United States, there is ample opportunity for religious expression. They add that Moore is "establishing" a specific religion, namely fundamentalist Christianity, by using government resources to promote the Ten Commandments. But the Houston, Texas-based Vision America, which encourages churches to become politically active, say their members from across the nation will be heading to Montgomery, Alabama for an August 16th rally supporting Justice Moore and the Ten Commandments. VA President Scarborough told reporters, "We're going to do all we can to support the judge as he fights this fight all the way to the Supreme Court if necessary." Scarborough added that he is willing to be arrested for civil disobedience. The Vision America National Advisory Board is peppered with long-time Moore supporters including Jerry Falwell (founder of the defunct Moral Majority); D. James Kennedy (Coral Ridge Ministries, has exclusive video deal with Moore); popular Armageddon "Left Behind" book series author Tim LaHaye; Donald Wildmon (American Family Association); and veteran religious right activist Paul Weyrich of the Free Congress Foundation. The VA web site describes Moore as a "modern day Daniel" who is "guilty only of openly practicing his faith in God." The group is dubbing the event the "Restore the Commandments Rally," scheduled on the steps of the Alabama State Supreme Court Building on Saturday, August 16, 2003 beginning at 10 AM. Meanwhile, Alabama's powerful Christian Coalition has vowed to not let the monument be removed from the building, even if it means physically confronting police. Joined by the National Clergy Council and the Christian Defense Council, the groups have announced that they will stage a sit-in sometime prior to the August 20th deadline imposed by Judge Thompson. Christian Coalition of Alabama president John Giles is telling news media, "the line has been drawn in the sand" between those who believe that the United States is a nation founded on submission to God and divine law, and secularists who say that the monument is unconstitutional." Among those scheduled at the Restore the Commandments Rally are commentator and former presidential hopeful Alan Keyes, Rev. Jerry Falwell, and several unidentified congressional representatives.
DARBY: COUNTER-PROTEST TO DEFEND SEPARATION OF CHURCH AND STATE Larry Darby, State Director for American Atheists, has called for Atheists, Freethinkers, Humanists and other state-separationists to defend the court order and oppose the groups promoting theocracy in Alabama and the rest of the nation. A rendezvous point has been established near the Alabama Judicial building; and participants are asked to meet between 9:00 AM and 9:15 AM on the morning of August 16. "We will be carrying our messages on hand-held signs," says Mr. Darby. "Our presence along with silent messages will be sufficient to get our views out to the public through mass media." Darby said that the counter-demonstration will be peaceful and not involve any heckling or disruptive behavior.
Details about the August 16, 2003 American Atheists protests may change over the next several days, so visit the State Director's web site at http://www.atheists.org/al
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