Alabama American Atheists State Director Larry Darby reports on a press conference held by Chief Justice Roy Moore regarding the controversial display of the Ten Commandments monument...

hief Justice Roy Moore continues his defiant stance against the supremacy of the U.S. Constitution, particularly the First and Fourteenth Amendments which protect citizens of Alabama from oppressive state government leaders, such as the Moore Almighty.

   In what might be described as a slam-dunk victory for Atheists and other supporters of the constitutional principle of separation between religion and government, the United States Court of Appeals, 11th Circuit, on July 1 issued a 50-page opinion affirming United States District Court Judge Myron Thompson's November 18, 2002 order to Moore to remove the Ten Commandments monument from the rotunda of the Alabama Judicial Building.

   I attended Moore's July 2 press conference at the Alabama Judicial Building, where he read from a prepared "Statement of Chief Justice Moore." Overall, my impression was that Moore is a desperate man who may be irrational enough to truly believe most of what he says about his interpretation of his god's law being superior to the Law of the Land.

   Moore began his sermon by saying he was sworn to uphold the Constitution, " 'One Nation Under God,' indivisible with liberty and justice for all.' " Having lost on all issues presented to the Federal appeals court, Moore's justification for continuing his monumental waste of taxpayer money (not to mention the opportunity costs to himself, his staff and other taxpayer employees throughout this courthouse comedy) in his pursuit to establish the Jewish-Christian mythology as being superior to our godless Constitution, Moore came to the press conference armed with the legislative history of the 1954 Act of Congress which placed "under God" in the loyalty oath. He read:

"Underlying this concept is the belief that the human person is important because he was created by God and endowed by Him with certain inalienable rights which no civil authority may usurp. The inclusion of God in our pledge therefore would further acknowledge the dependence of our people and our Government upon the moral directions of the Creator ... By addition of the phrase 'under God' to the pledge, the consciousness of the American people will be more alerted to the true meaning of our country and its form of government."

   Rather than relying on law, such as seeking a finding that should be a Marsh exception to the Lemon test, Moore the demagogue is now speaking only to the under-educated or willfully ignorant populace who allowed him to become Alabama's Lord High Priest, a position formerly known as the Chief Justice of the Supreme Court of Alabama.

   In his sermon Moore continued with non-legal arguments to justify his flouting of constitutional law and the American way of life. "The Alabama Constitution plainly states that our justice system is established '...invoking the favor and guidance of Almighty God.' "

   That reference to god does appear in the Preamble to the Constitution of Alabama of 1901. Any preamble is simply an introductory statement and has no bearing on the law itself. What Alabama's Constitution really says about religious freedom is found in Article I, Section 3:

"That no religion shall be established by law; that no preference shall be given by law to any religious sect, society, denomination or mode of worship; that no one shall be compelled by law to attend any place of worship; nor to pay any tithes, taxes, or other rate for building or repairing any place of worship, or for maintaining any minister or ministry; that no religious test shall be required as a qualification to any office or public trust under this state; and that the civil rights, privileges, and capacities of any citizens shall not be in any manner affected by his religious principles."

Moore went on to talk about the Declaration of Independence. There are deistic references to extra-naturalism in that document, but during the period generally known as the Enlightenment which influenced the author Thomas Jefferson, deism was a kind of practical atheism. Further, Moore conveniently ignores that the Declaration of Independence was a break away from Great Britain's system of government, rule by divine right of kings or faith-based government. The foundation of our constitutional republic form of government is the U.S. Constitution, effective March 4, 1789. That the Supreme Law of the Land is quite godless, and dictates government neutrality in matters of superstition, is intentionally ignored by the theocrats who have power over us these days.

   And Moore resents the Federal appeals court's comparing him to former Governor George Wallace of Alabama or former Governor Ross Barnett (Mississippi) during the race-based civil rights unrest of the 1960s. Those governors attempted to defy Federal law and lost. Throughout the ordeal of Roy's Holy Rock, Moore had contended that the Federal court system has no jurisdiction over Alabama, particularly him as chief justice. I made a similar comparison of Moore to Wallace in "The Curious Case of Roy Moore) in the American Atheist Magazine.

   Near the end of his sermon Moore proclaimed, Moore proclaimed, "The rule of law must prevail in this case!"

   What Moore means is for his interpretation of the Law of Moses, which was intended only for Jews, intertwined with his distortions of constitutional law, to prevail.

   The Eleventh Circuit judges played hardball with Moore. The self-righteous Moore was chided by that erudite panel and Moore reacted with indignation. The 50-page opinion, representing a unanimous affirmation of the lower court ruling, closes with this admonishment to Chief Justice Moore:

"The rule of law does require that every person obey judicial orders when all available means of appealing them have been exhausted. The chief justice of a state supreme court, of all people, should be expected to abide by that principle. We do expect that if he is unable to have the district court's order overturned through the usual appellate process, when the time comes Chief Justice Moore will obey that order. If necessary, the court order will be enforced. The rule of law will prevail."

   This battle is far from over. Moore's attorneys have to decide among several options, such as whether to seek a re-hearing, an en banc hearing, or petition the United States Supreme Court for a writ of certiorari, And there is the question of cost to the taxpayers.

   In media interviews, I called for Moore to stop this waste of taxpayer money; it can only get worse. Further, I called for Moore to resign and let the court system begin to act for all people of Alabama, not just the fundamentalists who have no appreciation for individual liberty regarding Godism.

-- Larry Darby,
Alabama State Director
American Atheists

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