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High court nixes Ten Commandments appeal

Associated Press, USA
Aug. 20, 2003
Bob Johnson, Associated Press • Thursday August 21, 2003

MONTGOMERY, Ala. – Alabama Chief Justice Roy Moore on Wednesday lost a last-minute appeal to the Supreme Court to save a Ten Commandments monument he installed in a judicial building, clearing the way for its removal.

The high court rejected Moore’s emergency plea for a stay, declining to be drawn into a dispute over whether the 5,300-pound, granite monument violates the Constitution’s ban on government promotion of religion.

After the court acted, Montgomery police handcuffed about 20 Moore supporters who had kneeled and stood at the monument inside the building rotunda and refused to leave. Police then led the participants out of the building.

U.S. District Judge Myron Thompson had set a midnight Wednesday deadline for the monument’s removal. He was not expected to take immediate action to remove the display.

Thompson has threatened $5,000-a-day fines if his order is ignored after the deadline. Attorneys who sued to force removal of the monument said they expect to file a contempt of court petition against Moore that Thompson may consider in a conference call Friday, setting the stage for fines.

“It’s time for Roy’s rock to roll,” said Ayesha Khan, an attorney for Americans United for Separation of Church and State, one of the groups that sued.

Moore installed the monument two years ago in the middle of the night after being elected chief justice amid publicity of his support of the Ten Commandments. In Washington, D.C., one of Moore’s attorneys, Phillip Jauregui, said the judge was sticking by his pledge to defy Thompson’s order.

“The statement that the chief made last Thursday still stands,” Jauregui said. Other Alabama officials could move the monument.

Moore’s lawyers told the justices in a filing that Moore should be allowed to “establish justice by acknowledging the guidance and favor of Almighty God, placed upon him by his oath of office and the Constitution of Alabama.”

“This case is not about a monument, it’s not about politics or religion, it’s about the acknowledgment of God,” Moore said on CBS’ “The Early Show.” “We must acknowledge God because our constitution says our justice system is established upon God.”

The Supreme Court has never ruled on the constitutionality of such indoor and outdoor government displays. In 1980, the court barred Ten Commandments from classroom walls in public schools.

An appeals court had twice refused to give Moore a stay, setting up the plea at the high court.

“It’s not like somebody’s about to face execution, if the court doesn’t enter a stay the person will be dead and the appeal will be moot,” said David Frederick, a Washington, D.C., attorney who specializes in Supreme Court practice. “If the Supreme Court were to decide it’s constitutional, it can always be put back.”

Moore already has asked the Supreme Court to consider whether Thompson overstepped his bounds in the case, and a second appeal of the ruling in the Ten Commandments case is expected. Those could take months to resolve.

Supporters of Moore gathered on the judicial building steps and stopped to pray at times, while opponents of the monument, anti-tax protesters and onlookers mingled near the front entrance to the building, which was ringed by television news satellite trucks.

It was unclear if any charges were planned against the 20 people who were handcuffed after refusing to leave the judicial building.

Christian groups planned a rally and prayer service Wednesday night, and one of the organizers, Rev Patrick Mahoney of the Christian Defense Coalition, said protesters would remain at the building 24 hours a day.


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