Alabama Government: Separation Between Church and State The Issue of Roy Moore and the Ten Commandments Monument

Basic focus of the paper Evaluate Moore’s ideas on how he recognizes God as the moral basis of law Review the case and its standing with the First Amendment (“establishment clause”) Review the Alabama and Federal Canons of Judiciary Ethics Review the case and its position of “separation between church and state.

Roy Moore Twenty-eighth Chief Justice (January 15,2001) Moore is a native of Etowah County, AL He obtained his Bachelor of Science from the United States Military Academy at West Point Moore Completed his Juris Doctorate Degree from the University of Alabama

Instances before the Ten Commandment monument Moore was a prosecutor of Etowah County, AL Moore put up a wooden plaque of the Ten Commandments in his office for decoration In Gadsden there is and was a history of prayer and other unconstitutional factors in the courtroom setting The ACLU sued the court

The Ten Commandments Monument On August 1, 2001, Moore placed a two ton monument in the rotunda of the State Judicial Building

Ten Commandments Monument The monument has a religious base to it The monument contains historical quotes that deal with a higher power The Ten Commandments is in the front of the monument and is the main focus of the monument

What the Ten Commandment Monument Contains “The Ten Commandments” of God Declaration of Independence The Pledge of Allegiance The Judiciary Act of 1789 Quotes from Thomas Jefferson, John Jay, and James Madison National Motto

Glassroth v. Moore Violated the establishment clause and sought for its removal (Nov. 18, 2003) Entered a permanent injunction directing Moore to remove the monument (Dec. 19, 2003) Moore appealed to the U.S. Court of Appeals for the Eleventh Circuit (July 1, 2003)

Case against Roy S. Moore Ignored state and federal supremacy Violated the First Amendment Establishment Clause to the First Amendment Violated the Canons of Judicial Ethics

The First Amendment “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people to peaceably to assemble, and to petition the Government for a redress of grievances.” Establishment Clause- forbids the government from interfering with individual religious beliefs

Supporting Cases Engel v. Vitale Stone v. Graham Hamilton v. Regents of the University of California

Canons of Judicial Ethics Failing to uphold the integrity and independence of the judiciary Failing to observe high standards of conduct so that the integrity and independence of the judiciary might be preserved Failing to avoid impropriety and the appearance of impropriety

Canons of Judicial Ethics Failing to respect and comply with the law Failing to conduct himself in a manner promoting public confidence in the integrity and impartiality of the judiciary Failing to avoid conduct prejudicial to the administration of justice so as to bring the judicial office into disrepute

Attorney General Bill Pryor Agrees with the displaying of the Ten Commandments “The rule of the law means that no person, including the chief justice of Alabama, is above the law. Under our Constitution, federal and state courts must respect the orders of each other.

The Final Verdict The Supreme Court denied Moore’s plea to hear the case The Ten Commandment monument was removed from the Alabama Judicial Building in Montgomery, Al Roy S. Moore was removed from office as the Alabama Chief Justice