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'''Roy Stewart Moore''' (born February 11, 1947) is an [[United States|American]] [[jurist]] and [[Republican Party (United States)|Republican]] [[politician]] noted for his refusal, as the elected [[Chief Justice]] of the [[Supreme Court of Alabama]], to remove a monument of the [[Ten Commandments]] from the state courthouse despite orders to do so from a federal judge. On November 13, 2003, Alabama's Court of the Judiciary unanimously removed Moore from his post as Chief Justice. In the years preceding his election to the Alabama Supreme Court, Moore had successfully resisted previous attempts to have a display of the Ten Commandments removed from |
'''Roy Stewart Moore''' (born February 11, 1947) is an [[United States|American]] [[jurist]] and [[Republican Party (United States)|Republican]] [[politician]] noted for his refusal, as the elected [[Chief Justice]] of the [[Supreme Court of Alabama]], to remove a monument of the [[Ten Commandments]] from the state courthouse despite orders to do so from a federal judge. On November 13, 2003, Alabama's Court of the Judiciary unanimously removed Moore from his post as Chief Justice. In the years preceding his election to the Alabama Supreme Court, Moore had successfully resisted previous attempts to have a display of the Ten Commandments removed from the courtroom where he was employed. The controversy around Moore generated national attention. |
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Moore's supporters regard his stand as a defense of "judicial rights" and the [[Alabama Constitution|Constitution of Alabama]]. Moore contends that federal judges who ruled against his actions consider "obedience of a court order superior to all other concerns, even the suppression of belief in the sovereignty of [[God]]."<ref>Roy S. Moore, ''So Help Me God'' Nashville, Tennessee: Broadman and Holman Publisher, 2005, p. 116</ref> Opponents claim that Moore's actions were deliberate provocations carried out to defy the [[Supreme Court of the United States]] for political gain, and that Moore seeks to impose his view of [[Christian]] moral positions on the general public. |
Moore's supporters regard his stand as a defense of "judicial rights" and the [[Alabama Constitution|Constitution of Alabama]]. Moore contends that federal judges who ruled against his actions consider "obedience of a court order superior to all other concerns, even the suppression of belief in the sovereignty of [[God]]."<ref>Roy S. Moore, ''So Help Me God'' Nashville, Tennessee: Broadman and Holman Publisher, 2005, p. 116</ref> Opponents claim that Moore's actions were deliberate provocations carried out to defy the [[Supreme Court of the United States]] for political gain, and that Moore seeks to impose his view of [[Christian]] moral positions on the general public. |
Revision as of 03:01, 21 March 2010
Roy Stewart Moore | |
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File:Moore Picture (tn).jpg | |
Chief Justice of the Alabama Supreme Court | |
In office January 15, 2001 – November 13, 2003 | |
Preceded by | Perry O. Hooper, Sr. |
Succeeded by | Drayton Nabers, Jr. |
Circuit Judge, Sixteenth Judicial Circuit | |
In office 1992–2000 | |
Appointed by | Harold Guy Hunt |
Preceded by | Julius Swann |
Personal details | |
Political party | Republican |
Spouse | Kayla Kisor Moore |
Children | Ory Moore Caleb Moore Micah Moore Heather Moore (adopted) |
Parent(s) | Roy Baxter Moore Evelyn Stewart Moore |
Website | Foundation for Moral Law |
Roy Stewart Moore (born February 11, 1947) is an American jurist and Republican politician noted for his refusal, as the elected Chief Justice of the Supreme Court of Alabama, to remove a monument of the Ten Commandments from the state courthouse despite orders to do so from a federal judge. On November 13, 2003, Alabama's Court of the Judiciary unanimously removed Moore from his post as Chief Justice. In the years preceding his election to the Alabama Supreme Court, Moore had successfully resisted previous attempts to have a display of the Ten Commandments removed from the courtroom where he was employed. The controversy around Moore generated national attention.
Moore's supporters regard his stand as a defense of "judicial rights" and the Constitution of Alabama. Moore contends that federal judges who ruled against his actions consider "obedience of a court order superior to all other concerns, even the suppression of belief in the sovereignty of God."[1] Opponents claim that Moore's actions were deliberate provocations carried out to defy the Supreme Court of the United States for political gain, and that Moore seeks to impose his view of Christian moral positions on the general public.
Moore sought the Republican nomination for the governorship of Alabama in 2006, but lost to incumbent Bob Riley in the June primary by a nearly 2-to-1 margin.
On June 1, 2009 he announced his campaign for the 2010 election for Governor of Alabama.[2]
Early life
Education and military service
Moore was born in Gadsden, the seat of Etowah County to Roy Baxter Moore (died 1967) and the former Evelyn Stewart. The couple had met and married after his discharge from the United States Army during World War II. Roy was the oldest of five children, three boys and two girls, born to the couple. Moore describes his father, a construction worker, as "a hardworking man who earned barely enough to make ends meet, but he taught me more than money could ever buy. From him I learned about honesty, integrity, perseverance, and never to be ashamed of who you are or what you believe in. Early on my dad shared with me the truth about God's love and the sacrifice of His own son, Jesus." Moore described his mother as a "homemaker who was always there to help me with my schoolwork."[3]
In 1954, the Moores relocated to Houston, Texas, site of a postwar building boom. After some four years, they returned to Alabama, then moved to Pennsylvania, and returned permanently to Alabama. In his later year, the senior Moore worked for the Tennessee Valley Authority building dams and later the Anniston Army Depot. Moore attended school his freshman year at Gallant near Gadsden but transferred to Etowah County High School for his final three years of public education, having graduated in 1965.[4]
On the recommendation of outgoing Democratic U.S. Representative Albert Rains and confirmed by incoming Republican Representative James D. Martin, Moore was admitted to the United States Military Academy at West Point, New York, where he graduated in 1969 with a bachelor of science degree. With the Vietnam War underway, Moore first served in several posts as a military police officer, including Fort Benning, Georgia, and Illesheim, Germany before being sent to South Vietnam. Moore served as company commander of his MP unit and was known to be very strict. Some of the soldiers gave him the derogatory nickname, "Captain America," because of his attitude toward discipline. His role earned him several enemies, and in his autobiography he recalls sleeping on sandbags to avoid a grenade or bomb being tossed under his cot, as many had threatened fragging the commander.
Moore left the United States Army as a captain in 1974, and was admitted to the University of Alabama School of Law in Tuscaloosa that same year. He graduated in 1977 with a Juris Doctor degree and returned to Gadsden to begin private practice with a focus on personal injury and insurance cases.
Elections and travels
Moore soon moved to the district attorney's office, working as the first full-time prosecutor in Etowah County. During his tenure there, Moore was investigated by the state bar for "suspect conduct" after convening a grand jury to discuss what he perceived to have been funding shortages in the sheriff's office. Several weeks after the state bar investigation was dismissed as unfounded, Moore quit his prosecuting position to run as a Democrat for the county's circuit-court judge seat in 1982. The election was bitter, with Moore alleging that cases were being delayed in exchange for payoffs. The allegations were never substantiated, and Moore overwhelmingly lost the Democratic runoff primary to fellow attorney Donald Stewart, whom Moore described as "an honorable man for whom I have much respect, and he eventually became a close friend."[5] A second bar complaint against Moore followed, and though this too was dismissed as unfounded, Moore left Gadsden shortly thereafter in great disappointment.
Moore's travels eventually took him to Texas, where he spent a year training and fighting professionally as a kickboxer. After a brief return to Gadsden, Moore next travelled to the Australian Outback and, after meeting Fundamentalist Christian Colin Rolfe, worked for almost a year as a cowboy on Rolfe's 42,000-acre (170 km2) cattle ranch. He remembered both careers fondly in his autobiography and subsequent interviews and was particularly proud of a kickboxing victory in the Greater Gadsden Tournament of Champions, a triumph he attributed to divine will.
Moore returned to Gadsden again in 1985. He ran in 1986 for Etowah County's district attorney position against fellow Democrat Jimmy Hedgspeth. He lost that election as well, and Moore returned to private practice in the city. During this period, he married his wife Kayla, switched his affiliation to the GOP, and added to his office a wooden Ten Commandments plaque that he had personally carved in 1980.
Circuit Judge
Appointment
In 1992, Etowah County Circuit Judge Julius Swann died in office. Republican Governor Guy Hunt was charged with making a temporary appointment until the next election. Moore's name was floated by some of his associates, and a background check was initiated with several state and county agencies, including the Etowah County district attorney's office. Moore's former political opponent Jimmy Hedgspeth, who still helmed the D.A.'s office, recommended Moore despite personal reservations, and Moore was installed in the position he had failed to win in 1982. "The impossible had happened!" Moore wrote afterward. "God had given me something that I had not been able to obtain through my own efforts."[6]
Early prayer/Ten Commandments controversy
When Moore's tenure as circuit judge began, he brought his wooden Ten Commandments plaque with him, hanging it on the walls of his courtroom behind his bench. Moore told the Montgomery Advertiser that his intention in hanging the plaque was to fill up the bare space on the courtroom walls and to indicate the importance of the Ten Commandments. He states that it was not his intention to generate controversy; still, as he told the Atlantic, he understood that the potential for controversy was there, but "I wanted to establish the moral foundation of our law."
Soon after his appointment, when Moore presided over a case where two male strippers (known professionally as "Silk" and "Satin") were charged with murdering a drug addict, the attorney for the defendants objected to the display. This drew the attention of critics, who also objected to Moore's practice of opening court sessions with a prayer beseeching Divine Guidance for jurors in their deliberations. (In at least one instance, Judge Moore asked a clergyman to lead the court's jury pool in prayer.) Though such pre-session prayers were not uncommon in Alabama, having begun many years earlier by George C. Wallace, Jr., when he was a circuit judge, the local branch of the American Civil Liberties Union (ACLU) sent a letter in June 1993 with the threat of a lawsuit if such prayers did not cease.
On June 20, 1994, the ACLU sent a representative to Moore's courtroom to observe and record the pre-session prayer. Though the organization did not immediately file suit, Moore decried the action as an "act of intimidation" in a post-trial press conference. The incident drew additional attention to Moore just as he was campaigning to hold onto his circuit court seat. In that year's election, Moore won the seat in a landslide victory over local attorney Keith Pitts, who had (unsuccessfully) prosecuted the "Silk and Satin" murder case.
Lawsuit
In March 1995, the ACLU filed a lawsuit against Moore, claiming that the pre-session prayers and the Ten Commandments display were both unconstitutional. This original lawsuit was eventually dismissed for technical reasons, but Governor Fob James instructed state Attorney General Bill Pryor to file suit in Montgomery County in support of Moore. The case ended up before state Circuit Judge Charles Price, who in 1996 declared the prayers unconstitutional but initially allowed the Ten Commandments plaque to remain on the courtroom walls.
Immediately after the ruling, Moore held a press conference vowing to defy the ruling against pre-session prayers and affirming a religious intent in displaying the plaque. Critics responded by asking Price to reconsider his previous ruling, and the judge issued a new ruling requiring the Ten Commandments plaque to be removed in ten days. Moore appealed Price's decision and kept the plaque up; ten days later the Alabama Supreme Court issued a temporary stay against the ruling. The Court never ruled in the case, throwing it out for technical reasons in 1998.
On the day that the circuit court ruling was stayed, Moore appeared on the national morning program Today, praising the ruling and vowing to continue his practices. A poll released soon after found that 88 percent of Alabamians supported Moore. Though Moore was later investigated by the state Judicial Ethics Committee regarding the use of money raised by Coral Ridge Ministries in his defense, the investigation eventually ended with no charges being brought. The practice of opening court sessions with prayer, though not uniform throughout Alabama, continues in state courtrooms today.
Chief Justice, Alabama Supreme Court
Campaign and election
In late 1999, the Christian Family Association began working to draft Moore into the race for Chief Justice of the Alabama Supreme Court, when incumbent Republican Perry O. Hooper, Sr., of Montgomery announced that he would not seek reelection. Moore said that he was hesitant to make the statewide race because he had "absolutely no funds" and three other candidates, particularly Associate Justice Harold See, were well-financed.[7]
Nevertheless, on December 7, 1999, Moore announced from his Etowah County courtroom that he would enter the race with hope of returning "God to our public life and restore the moral foundation of our law." His campaign, centered on religious issues, arguing that Christianity's declining influence "corresponded directly with school violence, homosexuality, and crime."[8]
Associate Justice Harold See was the heavy favorite to win the Republican nomination because of his support from the state business community and the party hierarchy, including Chief Justice Hooper. However, as Moore made headway in state polls, See elicited the help of Republican strategist Karl Rove, advisor to Texas Governor and future President George W. Bush. Despite Rove's support and significantly more campaign funding, See lost the primary to Moore, who then easily defeated Democratic contender Sharon Yates in November's general election.
Moore was sworn in as Chief Justice on January 15, 2001. Former U.S. Representative James Martin, who had appointed him to West Point years earlier, was among the dignitaries in attendance. On taking the position, Moore said that he had "come to realize the real meaning of the First Amendment and its relationship to the God on whom the oath was based. My mind had been opened to the spiritual war occurring in our state and our nation that was slowly removing the knowledge of that relationship between God and law.
"I pledged to support not only the U.S. Constitution, but the Alabama Constitution as well, which provided in its preamble that the state 'established justice' by 'invoking the favor and guidance of Almighty God.' The connection between God and our law could not be more clear ..."[9]
D.H. vs. H.H.
In February 2002, Chief Justice Moore issued an opinion which expressed his belief that the State should rightfully use its powers to punish homosexual behavior. The case, D.H. vs. H.H., was a custody dispute where a lesbian was petitioning for custody of her children, alleging abuse by her ex-husband. A circuit court in Alabama had ruled in favor of the father, but the Alabama Court of Civil Appeals overturned that verdict 4-1, claiming that substantial evidence existed of abusive behavior by the father.[10]
The state Supreme Court overruled the appeals court on technical reasons; however, Chief Justice Moore issued a concurring opinion concluding that a parent's homosexuality should be a deciding factor in refusing custody:
To disfavor practicing homosexuals in custody matters is not invidious discrimination, nor is it legislating personal morality. On the contrary, disfavoring practicing homosexuals in custody matters promotes the general welfare of the people of our State in accordance with our law, which is the duty of its public servants...
The State carries the power of the sword, that is, the power to prohibit conduct with physical penalties, such as confinement and even execution. It must use that power to prevent the subversion of children toward this lifestyle, to not encourage a criminal lifestyle...
Homosexual behavior is a ground for divorce, an act of sexual misconduct punishable as a crime in Alabama, a crime against nature, an inherent evil, and an act so heinous that it defies one’s ability to describe it. That is enough under the law to allow a court to consider such activity harmful to a child. To declare that homosexuality is harmful is not to make new law but to reaffirm the old; to say that it is not harmful is to experiment with people's lives, particularly the lives of children.[11]
Moore's comments led to protests in front of the state judicial building and drew nationwide criticism from civil rights groups such as GLAAD, the National Gay and Lesbian Task Force, and the Human Rights Campaign. An official complaint with the Alabama Judicial Inquiry Commission was also filed by the Lambda Legal Defense & Education Fund.[12]
Ten Commandments monument controversy
Construction and installation
A month after his election, Moore began making plans for a larger monument to the Ten Commandments, reasoning that the Alabama Supreme Court building required something grander than a wooden plaque. His final design involved a 5,280 pound (2400 kg) granite block, three feet wide by three feet deep by four feet tall, covered with quotes from the Declaration of Independence, the national anthem, and various founding fathers.[13] The crowning element would be two large carved tablets inscribed with the Ten Commandments. High-grade granite from Vermont was ordered and shipped, and Moore found benefactors and a sculptor to complete the job.
On the evening of July 31, 2001, despite some initial installation difficulties and concerns regarding structural support for the monument's weight, Moore had the completed monument transported to the state judicial building and installed in the central rotunda. The installation was filmed, and videotapes of the event were sold by Coral Ridge Ministries, an evangelical media outlet in Fort Lauderdale, Florida, which later used proceeds from the film's sales to pay Moore's ensuing legal expenses. Coral Ridge was the operation of the late Reverend D. James Kennedy, a staunch Moore supporter.[14]
The next morning, Moore held a press conference in the central rotunda to officially unveil the monument. In a speech following the unveiling, Moore declared, "Today a cry has gone out across our land for the acknowledgment of that God upon whom this nation and our laws were founded....May this day mark the restoration of the moral foundation of law to our people and the return to the knowledge of God in our land."
Federal lawsuit
On October 30, 2001, the ACLU of Alabama, Americans United for Separation of Church and State and the Southern Poverty Law Center were among groups which filed suit in the United States District Court for the Middle District of Alabama, asking that the monument be removed because it "sends a message to all who enter the State Judicial Building that the government encourages and endorses the practice of religion in general and Judeo-Christianity in particular."
The trial, titled Glassroth v. Moore, began on October 15, 2002. Evidence for the plaintiffs included testimony that lawyers of different religious beliefs had changed their work practices, including routinely avoiding visiting the court building to avoid passing by the monument, and testimony that the monument created a religious atmosphere, with many people using the area for prayer.
Moore argued that he would not remove the monument, as doing so would violate his oath of office:
[The monument] serves to remind the Appellate Courts and judges of the Circuit and District Court of this State and members of the bar who appear before them, as well as the people of Alabama who visit the Alabama Judicial Building, of the truth stated in the Preamble to the Alabama Constitution that in order to establish justice we must invoke 'the favor and guidance of almighty God.'[13]
On this note, Moore claimed that the Ten Commandments are the "moral foundation" of U.S. law, stating that in order to restore this foundation, "we must first recognize the source from which all morality springs...[by] recogniz[ing] the sovereignty of God." He added that the addition of the monument to the state judiciary building marked "the beginning of the restoration of the moral foundation of law to our people" and "a return to the knowledge of God in our land."[13]
Additionally, Moore acknowledged an explicit religious intent in placing the monument, agreeing that the monument "reflects the sovereignty of God over the affairs of men" and "acknowledge[s] God’s overruling power over the affairs of men."[15] However, in Moore's view this did not violate the doctrine of separation of church and state; as the presiding judge later summarized it, Moore argued that "the Judeo-Christian God reigned over both the church and the state in this country, and that both owed allegiance to that God", although they must keep their affairs separate.[13]
English Law and Early American Documents
English law, even that predating the Magna Carta, was premised on the acknowledgement of God. Moore based his position, that there is a moral foundation to law, and that it is constitutional to acknowledge God, from numerous Early American documents, including The US Declaration of Independence:
We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable rights
Moore, seeing in these documents the acknowledgment of God, would on that basis maintain that such was constitutional; and if constitutional, then the prohibition against acknowledging God would be unconstitutional.=
Moreover, Moore saw the same in prominent statements from American founders. Patrick Henry, in his "Give Me Liberty or Give Me Death" speech (March 23, 1775) said:
there is a just God who presides over the destinies of nations, and who will raise up friends to fight our battles for us
These expressions are a distinctive of the American Founders, and especially so in their documents; and are prevalent in the speeches of George Washington. In Washington's first inaugural speech, He says his "first official" act was to be supplications to God:
Such being the impressions under which I have, in obedience to the public summons, repaired to the present station, it would be peculiarly improper to omit in this first official act my fervent supplications to that Almighty Being who rules over the universe, who presides in the councils of nations, and whose providential aids can supply every human defect, that His benediction may consecrate to the liberties and happiness of the people of the United States a Government instituted by themselves for these essential purposes, and may enable every instrument employed in its administration to execute with success the functions allotted to his charge. In tendering this homage to the Great Author of every public and private good, I assure myself that it expresses your sentiments not less than my own, nor those of my fellow-citizens at large less than either. No people can be bound to acknowledge and adore the Invisible Hand which conducts the affairs of men more than those of the United States.
This 'official' act, however, was not in any sense a legal exercise of executive power and was not 'official', other than in the sense that Washington felt that it was made in pursuance of his duty as the President. Speeches do not constitute authoritative and binding interpretations of the law.
Judgment and appeal
On November 18, 2002, federal U.S. District Judge Myron Thompson issued his ruling declaring that the monument violated the Establishment Clause of the First Amendment to the U.S. Constitution and was thus unconstitutional:
If all Chief Justice Moore had done were to emphasize the Ten Commandments' historical and educational importance... or their importance as a model code for good citizenship... this court would have a much different case before it. But the Chief Justice did not limit himself to this; he went far, far beyond. He installed a two-and-a-half ton monument in the most prominent place in a government building, managed with dollars from all state taxpayers, with the specific purpose and effect of establishing a permanent recognition of the 'sovereignty of God,' the Judeo-Christian God, over all citizens in this country, regardless of each taxpaying citizen's individual personal beliefs or lack thereof. To this, the Establishment Clause says no."[13]
Judge Thompson's decision mandated that Moore remove the monument from the state judicial building by January 3, 2003, but stayed this order on December 23, 2002, after Moore appealed the decision to the Eleventh Circuit Court of Appeals. This appeal was argued on June 4, 2003, before a three-judge panel in Atlanta, Georgia. On July 1, 2003, the panel issued a ruling upholding the lower court's decision, agreeing that "the monument fails two of Lemon’s three prongs. It violates the Establishment Clause." Additionally, the court noted that different religious traditions assign different wordings of the Ten Commandments, meaning that "choosing which version of the Ten Commandments to display can have religious endorsement implications."[15]
In response to the appeals court's decision, Judge Thompson lifted his earlier stay on August 5, 2003, requiring Moore to have the monument removed from public areas of the state judicial building by August 20.[16]
Protests and monument removal
On August 14, Moore announced his intention to disobey Judge Thompson's order to have the monument removed. Two days later, large rallies in support of Moore and the Ten Commandments monument began forming in front of the judicial building, featuring speakers such as Alan Keyes, the Reverend Jerry Falwell, and Moore himself. The crowd peaked at an estimated count of 4,000 that day,[17] and anywhere from several hundred to over a thousand protesters remained through the end of August.
The time limit for removal expired on August 20, with the monument still in place in the building's rotunda. As specified in Judge Thompson's order, the state of Alabama faced fines of $5,000 a day until the monument was removed. In response, the eight other members of the Alabama Supreme Court intervened on August 21, unanimously overruled Moore, and ordered the removal of the monument.[18]
Moore said that Thompson, "fearing that I would not obey his order, decided to threaten other state officials and force them to remove the monument if I did not do so. A threat of heavy fines was his way of coercing obedience to that order," an action that Moore sees as a violation of the Eleventh Amendment to the United States Constitution.[19]
On August 27, the monument was moved to a non-public side room in the judicial building.[20] The monument was not immediately removed from the building for several reasons—pending legal hearings, the monument's weight, worries that the monument could break through the floor if it was taken outside intact, and a desire to avoid confrontation with protesters massed outside the structure. The monument was not actually removed from the state judicial building until July 19, 2004.[21]
Removal from office
On August 22, 2003, two days after the deadline for the Ten Commandments monument's removal had passed, the Alabama Judicial Inquiry Commission filed a complaint with the Alabama Court of the Judiciary (COJ), a panel of judges, lawyers and others appointed variously by judges, legal leaders, the governor and the lieutenant governor. The complaint effectively suspended Moore from the Chief Justice position pending a hearing by the COJ.[22]
The COJ ethics hearing was held on November 12, 2003. Moore repeated his earlier sentiment that "to acknowledge God cannot be a violation of the Canons of Ethics. Without God there can be no ethics." He also acknowledged that he would repeat his defiance of the court order if given another opportunity to do so, and that if he returned to office, "I certainly wouldn't leave [the monument] in a closet, shrouded from the public." In closing arguments, the Assistant Attorney General said Moore's defiance, left unchecked, "undercuts the entire workings of the judicial system.... What message does that send to the public, to other litigants? The message it sends is: If you don't like a court order, you don't have to follow it."[23] Moore had previously stated that the order was unlawful, and compliance with such an order is not an enforceable mandate.
The next day, the COJ issued a unanimous opinion ruling that "Chief Justice Moore has violated the Alabama Canons of Judicial Ethics as alleged by the JIC in its complaint." The COJ had several disciplinary options, including censure or suspension without pay, but because Moore's responses had indicated he would defy any similar court orders in the future, the COJ concluded that "under these circumstances, there is no penalty short of removal from office that would resolve this issue."[24] Moore was immediately removed from his post.
Later political life
2004 election issues
Moore was considered as a possible candidate for the Constitution Party in the 2004 presidential election. Despite encouragement from several corners, Moore did not pursue the nomination.
Moore was also a notable opponent of a proposed amendment to the Alabama constitution in 2004. Known as Amendment 2, the proposed legislation would have removed wording from the state constitution that referred to poll taxes and required separate schools for "white and colored children," a practice already outlawed due to civil rights-era legislation. Moore and other opponents of the measure argued that the amendment's wording would have allowed federal judges to force the state to fund public school improvements with increased taxes. Voters in Alabama, a fiercely anti-tax state, narrowly defeated the proposed amendment, with a margin of 1,850 votes out of 1.38 million cast.[25]
In 2004, along with Herb Titus, Moore was an original drafter of the Constitution Restoration Act[26] which sought to remove federal courts' jurisdiction over a government official or entity's "acknowledgment of God as the sovereign source of law, liberty, or government," and provided for the impeachment of judges who failed to do so. The bill was introduced in both houses of Congress in 2004 and then reintroduced in 2005, but languished in committee both times.
Candidacy for Governor
On October 3, 2005, Moore announced that he would run against Governor Riley in the 2006 Republican gubernatorial primary in Alabama. On the campaign trail, Moore referred to what he believed was the stand that the American founding fathers made for the biblical basis for law, including statements that he felt extolled the supremacy of God as the basis for successful government.
As with the 2000 Supreme Court election, Moore's opponent maintained steady advantages over the Moore campaign, including almost four times as much funding and the support of the state Republican establishment. However, intra-party politics proved trickier this time around. Moore accused the chair of the state's Republican Party of bias towards Riley and called on her to resign; he also criticized President Bush for his support of Riley in the race. His criticism of the state Republican machine was so harsh that he eventually had to call a press conference to quell rumors that he would run as an independent if he lost the Republican primary.[27]
Despite Moore's predictions that his initial low polling numbers were inaccurate, Riley won the primary, 306,665 (66.6 percent) to 153,354 (33.34 percent). In his concession speech, Moore told supporters that "God's will has been done." Moore did not call Riley to concede and refused to support Riley in the general election because of Riley's acceptance of campaign contributions from political action committees.[27] Despite losing the Republican primary Moore was endorsed as a write-in candidate in the general election by both the Alabama Constitution Party and the Jefferson Republican Party.
Moore has announced his candidacy as Republican for Governor of Alabama in 2010. His primary challengers are Bradley Byrne, Tim James, Dr. Robert J. Bentley, Bill Johnson, and Kay Ivey. Democratic candidates are Congressman Artur Davis, and Agricultural Commissioner Ron Sparks.
Punditry
On July 26, 2006, WorldNetDaily, the operation of journalist Joseph Farah, announced that Moore would be joining the publication as a columnist.[28] In his debut column, Moore argued that God is the "sovereign source of our law", echoing his language and reasoning used in the failed Constitution Restoration Act.[29]
Moreover, in a column dated December 13, 2006, Moore claimed that Keith Ellison of Minnesota, the first Muslim to have been elected to the United States House of Representatives in the 2006 election should be barred from sitting in Congress because in his view, a Muslim could not honestly take the oath of office. Moore claimed that the Qur'an did not allow for religions other than Islam to exist, and added that "common sense alone dictates that in the midst of a war with Islamic terrorists we should not place someone in a position of great power who shares their doctrine".[30] Not only do these statements conflict with the Constitution's prohibition on religious tests for public office, but they have led to critics stating that Moore advocates a "Christians only theocracy."[31]
2008 election issues
Moore was rumored as a possible candidate for the Constitution Party's nomination, but he did not seek the party's nomination, and was not considered for the nomination at the convention.
Anti-tax activities
Moore has spoken for the repeal of the federal income tax at rallies sponsored by We the People Foundation, a tax protester group founded by Bob Schulz.
Judge Roy Moore is Coming to Dinner
Judge Roy Moore is Coming to Dinner by Tom Wofford is a 2004 play about two gay men who decide to marry in California and return home to Alabama to tell their families. Laced throughout the performance are quotes from Moore's concurring opinion in D.H. vs. H.H.: the 2002 child custody dispute mentioned above.
Wofford describes Moore's role in the play as a sort of "Greek chorus" or a "Rod Serling-Twilight Zone" type of character who just appears. According to actor Brian Webber, who portrays Moore, "Judge Roy Moore acts as an unseen protagonist. He represents societal norms and expectations. So he comes in throughout the play--and in Judge Moore's own words, he gives us his take on the situation."[32]
A recent study by the Urban Institute rates Alabama as tenth in the nation in the number of older gay couples. But, according to Wofford, gays in Alabama have been a very silent group. "I think the gay community in Alabama--they've felt so disenfranchised that they need something like this to speak for them. I think it goes beyond frustration. I mean so many gay people that I know...gave up expecting equality a long time ago. I don't know anything else I can do but write a play about it."[32]
Judge Moore, though he had not seen the play, issued a statement condemning it as the "result of federal activism in our court system" and saying that same-sex marriage corrupts American society.[32]
Moore defends his stance
In his 2005 autobiography So Help Me God, Moore says he has "absolutely no regrets. I have done what I was sworn to do. It's about whether or not you can acknowledge God as a source of our law and our liberty. That's all I've done. . . . I had threatened the philosophy of judicial supremacy. Those who sat behind benches wearing black robes and wielding gavels did not want to be reminded that there is a God, or for that matter, a Constitution that they were sworn to uphold. Judicial restraint gave way to judicial tyranny, and a new law reigned—the rule of man."[33]
Moore is also closely associated with the Foundation for Moral Law, which handles many Freedom of Speech cases nationwide, especially pertaining to religion.
Writings
- Moore, Roy (2005). So Help Me God: The Ten Commandments, Judicial Tyranny, and the Battle For Religious Freedom. Nashville: Broadman & Holman. ISBN 0-8054-3263-9.
- Moore, Roy (2005). The Rule of Law. In Mark Sutherland (Ed.), Judicial Tyranny: The New Kings of America? St. Louis: Amerisearch. ISBN 0-9753455-6-7.
See also
Notes
- ^ Roy S. Moore, So Help Me God Nashville, Tennessee: Broadman and Holman Publisher, 2005, p. 116
- ^ http://www.timesdaily.com/article/20090602/ARTICLES/906025028?Title=Roy-Moore-enters-race-for-governor. TimesDaily.com, Montgomery Bureau, June 2, 2009.
- ^ Roy S. Moore, So Help Me God Nashville, Tennessee: Broadman and Holman Publisher, 2005, p. 8
- ^ Roy S. Moore, So Help Me God Nashville, Tennessee: Broadman and Holman Publisher, 2005, p. 9
- ^ Roy S. Moore, So Help Me God Nashville, Tennessee: Broadman and Holman Publisher, 2005, p. 29
- ^ [1]
- ^ Roy S. Moore, So Help Me God Nashville, Tennessee: Broadman and Holman Publisher, 2005, p. 124
- ^ Roy and His Rock
- ^ Roy Moore, So Help Me God Nashville, Tennessee: Broadman and Holman Publisher, 2005, p. 135
- ^ Keith, Leon Drouin (2002-03-28). "Lesbian mother in Alabama custody case mulls appeal". AP (via sodomylaws.org).
- ^ Ex parte H.H. (In re: D.H. v. H.H.) (PDF), 2002.
- ^ Fleming, Mike (2002-03-04). "Alabama judge defends anti-gay remarks". The Southern Voice (via GLAAD).
- ^ a b c d e Glassroth v. Moore (PDF) (M.D. Ala. 2002).
- ^ Hess, Michael (2003-09-01). "Alabama Ten Commandments display not civil rights issue". BBSNews.
- ^ a b Glassroth v. Moore (PDF) (11th Cir. 2003).
- ^ Glassroth v. Moore (Final Judgment and Injunction) (PDF) (M.D. Ala. 2003).
- ^ Kleffman, Todd (2003-08-17). "Thousands rally for Commandments". Montgomery Advertiser.
- ^ Order No. 03-01 (PDF), August 21, 2003.
- ^ Roy S. Moore, So Help Me God Nashville, Tennessee: Broadman and Holman Publisher, 2005, pp. 221-222
- ^ West, William F. (2003-08-28). "Display removal irritates crowd". Montgomery Advertiser.
- ^ McGrew, Jannell (2004-07-20). "Ten Commandments monument on tour". Montgomery Advertiser.
- ^ McGrew, Jannell (2003-08-23). "Moore suspended". Montgomery Advertiser.
- ^ Wingfield, Kyle (2003-11-13). "Alabama chief justice removed from office". AP (via AL.com).
- ^ In the matter of: Roy S. Moore, Chief Justice of the Supreme Court of Alabama (PDF), 2003.
- ^ Roig-Franzia, Manuel (2004-11-28). "Alabama vote opens old racial wounds". Washington Post.
- ^ "Judge Roy Moore Introduces Constitution Restoration Act 2004". WAFF News. 2004-02-13.
- ^ a b Rawls, Phillip (2006-06-11). "Dark political future?". AP (via Decatur Daily).
- ^ "Judge Roy Moore debuts as columnist". WorldNetDaily. 2006-07-26. Retrieved 2006-07-26.
- ^ Moore, Roy (2006-07-26). "Will America choose to acknowledge God?". WorldNetDaily. Retrieved 2006-07-26.
- ^ Moore, Roy (2006-12-13). "Muslim Ellison should not sit in Congress". WorldNetDaily. Retrieved 2006-12-13.
- ^ Brayton, Ed (2006-12-14). "Moore's Christians Only Theocracy". Dispatches from the Culture Wars. Retrieved 2006-12-16.
- ^ a b c http://www.wbhm.org/News/2004/Judge_Moore_is_Coming_to_Dinner.html
- ^ Roy S. Moore, So Help Me God: The Ten Commandments, Judicial Tyranny, and the Battle For Religious Freedom Nashville: Broadman & Holman, pp. 241, 245
References
- Green, Joshua (October 2005). "Roy and His Rock." The Atlantic.
- Kleffman, Todd (13 October 2002). "Monumental decision (first in a two-part series)." Montgomery Advertiser.
- "Ten Commandments judge removed from office" (14 November 2003). CNN.
External links
- Roy Moore's gubernatorial campaign site
- Foundation For Moral Law - legal organization chaired by Moore.
- Moore's WorldNetDaily Archive
- The Ten Commandments Case - archive of Montgomery Advertiser stories related to Roy Moore.
- The rise and fall of Judge Roy Moore - from MSNBC.
- "Man of the Year: Roy Moore" - article by Ann Coulter in support of Moore.