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On 20 August 2003 Chief Justice Roy Moore of the Alabama Supreme Court defied a
federal district court order to remove a 5,280 pound Ten Commandments monument
he erected in the courthouse rotunda (see p. 32). The preceding Saturday, according
to Associated Press, “as many as 10,000” people, coming in “buses and vans from as
far away as California,” rallied in his support at the state capitol. Evangelist Jerry
Falwell spoke to the crowd and said that “Civil disobedience is the right of all men
when we believe breaking man’s law is needed to preserve God’s law.”
On 1 July 2003 the 11th U. S. Circuit Court of Appeals had upheld the district
court’s order. The appellate court said that “Any notion of high government officials
being above the law . . . will not save this chief justice from having to comply with
the court order in this case. . . . The chief justice of a state supreme court, of all peo-
ple, should be expected to abide by that principle.” The court agreed to stay its order
for a month but lifted that stay on 5 August, giving Moore until midnight of 20 Au-
gust to comply.
On 19 August Moore twice asked the Court for another stay. Both requests were re-
jected. The next morning Moore asked the U.S. Supreme Court to stay the order. The
Supreme Court immediately declined. Moore still refused to meet the deadline, so his
eight associate justices met the next day and voted unanimously to overrule him. The
following day the Alabama Judiciary Inquiry Committee suspended Justice Moore
from his position, pending a full trial on his possible removal from office; and on
Wednesday, 27 August, the monument was moved to a less public location in the
building.
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Christianity and the Mass Media in America: Toward a Democratic Accommodation
Quentin J. Schultze
Religious
Expression
and the
American
Constitution
❖❖❖❖❖❖❖
Franklyn S. Haiman
Michigan State University Press
East Lansing
Copyright © 2003 by Franklyn S. Haiman
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Michigan State University Press
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Printed and bound in the United States of America.
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IBRARY OF
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ONGRESS
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ATALOGING
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UBLICATION
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Haiman, Franklyn Saul.
Religious expression and the American Constitution / Franklyn S. Haiman.
p. cm.—(Rhetoric and public affairs series)
Includes bibliographical references and index.
ISBN 0-87013-690-9 (case bind : alk. paper)—ISBN 0-87013-691-7
(paper : alk. paper)
1. Freedom of religion—United States. 2. Freedom of speech—United States. 3.
Church and state—United States. I. Title. II. Series.
KF4783.H345 2003
342.7308
53—dc22
2003018527
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Texas A & M University
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