The Battle of Montgomery: Where Should Christians Stand?
Alabama's now-suspended Chief Justice, Roy Moore, has at least two major weapons in his arsenal as he fights the Battle of Montgomery--a set of powerful arguments and all the right enemies. What began as a skirmish in the nation's culture war has now expanded into a full-blown battle, with both sides seemingly prepared to dig trenches and fight to the finish.
The controversy began long before Moore was elected the state's chief jurist in 2000. During his days as a circuit court judge in Gadsden, Moore had placed a plaque listing the Ten Commendments in his courtroom. A legal challenge led to a court order requiring Judge Moore to remove the Ten Commandments. The judge refused and only the intervention of the governor prevented further action.
Alabamians knew Judge Moore and his intentions when they elected him to the states highest judicial office three years ago. As the judge told Fox News' Sean Hannity, "They knew what they were electing." Two years ago, Chief Justice Moore had a 5,300-pound monument featuring the Ten Commandments placed in the rotunda of the state's Judicial Building. Predictably, groups promoting the secular agenda sued to have the monument removed.
Nine months ago, the Federal District Court ordered the removal of the monument. Judge Myron Thompson ruled that the monument is "nothing more than an obstrusive year-round religious display." After months of legal maneuvering and legal appeals, the order is apparently about to be enforced.
Anticipating this showdown, Chief Justice Moore declared that he wound not--indeed could not--remove the monument or comply with the judge's oder, because to do so would be to violate Alabama's state constitution, which ackowledges "Almighty God." Last Friday, the state's Judicial Inquiry Commission suspended the Chief Justice from his duties, finding him guilty of disobeying a lawful order from the federal court. Unless the state's Court of the Judiciary finds otherwise, Chief Justice Moore is almost certain to be removed from office.
The state--and the watching nation--now face the prospect of a showdown between the judge's supporters and whatever authority is called upon to remove the monument. The chief's fellow justices and the state's Attorney General will not defy the order. Several prominent Christian leaders have jumped to Judge Moore's defense. Some, like Focus on the Family founder Dr. James Dobson, warn that the nation stands at "a turning point, a pivotal point in the history of this country." Furthermore, "There are times when you have to respond to a higher law."
Others, including Dr. Richard D. Land of the Southern Baptist Convention's Ethics and Religious Liberty Commission and Jay Sekulow of the American Center for Law and Justice, argue that Chief Justice Moore is harming the cause of religious liberty and the rule of law by defying a lawful court order. As Land explains, "If we disagree with a judicial interpretation of the law (which makes it the law until it is changed) ... then we must change the judges and, if necessary, change the laws."
Originally published August 27, 2003.
