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 lawReview the case and its standing with the First Amendment (“establishment clause”)Review the Alabama and Federal Canons of Judiciary EthicsReview 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, ALHe obtained his Bachelor of Science from the United States Military Academy at West PointMoore Completed his Juris Doctorate Degree from the University of Alabama

Instances before the Ten Commandment monument

Moore was a prosecutor of Etowah County, ALMoore put up a wooden plaque of the Ten Commandments in his office for decorationIn Gadsden there is and was a history of prayer and other unconstitutional factors in the courtroom settingThe 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