“The Ten Commandments monument, viewed alone or in the context of its history, placement, and location, has the primary effect of endorsing religion,” wrote Thompson in his Nov. 18, 2002, decision.

The monument features two tablets bearing the Ten Commandments and historical quotations about the place of God in law. It was paid for by an evangelical Christian group and was installed on the night of July 31, 2001, without the knowledge of the eight associate justices, according to the court record. Like similar failed efforts three years ago to post the Ten Commandments in public facilities in towns in Illinois and Kentucky, Moore’s action became a rallying point for rightist forces.

A lawsuit challenging the display of the monument as unconstitutional was filed in October 2001 in a federal district court. The plaintiffs were represented by the American Civil Liberties Union, The Southern Poverty Law Center, and Americans United for Separation of Church and State. The Baptist Joint Committee on Public Affairs filed a friend of the court brief supporting the suit, signed by more than 40 members of the Alabama clergy, the Anti-Defamation League, and the Interfaith Alliance.

On December 19 Judge Thompson ordered Moore to remove the religious display. That injunction was stayed pending Moore’s appeal to the U.S. Court of Appeals for the 11th Circuit. On July 1 of this year the Court of Appeals affirmed the judgment and on August 5 the District Court issued an injunction ordering the monument be removed by August 20. After Moore defied the deadline, Moore’s eight associate justices unanimously overruled him and ordered the removal.

Alabama governor Robert Riley and attorney general William Pryor expressed their support for the Ten Commandments display. But when the ruling came down, both opposed Moore’s defiance of the federal court.

As the conflict came to a head, supporters of Moore held rallies and vigils outside the judicial building demanding the stone be left in place. These actions—ranging in size from dozens to hundreds—were organized by the Christian Defense Coalition. Other right-wing supporters included American Veterans in Domestic Defense; the Conservative Caucus; Concerned Women of America; radio and television evangelist and founder of Moral Majority, Inc., Jerry Falwell; the anti-abortion rights organization Operation Rescue; and columnist and talk show host Alan Keyes. Coral Ridge Ministries has raised $375,000 in donations for Moore’s ongoing legal fight to keep, and now to return, the monument to the Judicial Building rotunda.

Moore, who was elected chief justice in 2000 campaigning as the “Ten Commandments Judge,” was suspended with pay by a judicial ethics panel for having refused to comply with the federal court order. He faces trial before the Court of the Judiciary. The state attorney general has said his office will prosecute Moore but won’t recommend a punishment if Moore is convicted. Moore could face penalties ranging from censure or suspension to removal from office.  
 
 
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