- Roy Moore
Infobox Judge|name= Roy Stewart Moore
Chief Justiceof the Alabama Supreme Court
January 15, 2001
November 13, 2003
Perry O. Hooper, Sr.
Drayton Nabers, Jr.
office2 = Circuit Judge, Sixteenth Judicial Circuit
termstart2 = 1992
termend2 = 2000
predecessor2 = Julius Swann
appointer2 = Harold Guy Hunt
birthdate= Birth date and age|1947|2|11
party = Independent
parents = Roy Baxter Moore Evelyn Stewart Moore
spouse= Kayla Kisor Moore
children = Ory Moore Caleb Moore Micah Moore Heather Moore (adopted)
website = [http://www.morallaw.org Foundation for Moral Law]
Roy Stewart Moore (born
February 11, 1947) is an American juristand Republican politiciannoted for his refusal, as the elected Chief Justiceof the Supreme Court of Alabama, to remove a monument of the Ten Commandmentsfrom the state courthouse despite contrary orders 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 his courtroom. The controversy around Moore generated national attention.
Moore's supporters regard his stand as a defense of "judicial rights" and the Constitution of Alabama, and an act of
interpositionanalogous to the actions of James Madisonand Thomas Jeffersonin the Kentucky and Virginia Resolutions. 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." [Roy S. Moore, "So Help Me God" Nashville, Tennessee: Broadman and Holman Publisher, 2005, p. 116] Opponents claim that Moore's actions were deliberate provocations carried out to defy the Supreme Court of the United Statesfor political gain, and that Moore seeks to impose his view of Christianmoral positions on the general public.
Moore sought the Republican nomination for the governorship of Alabama in 2006, but lost to
incumbent Bob Rileyin the Juneprimary by a nearly 2-to-1 margin.
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 Armyduring 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." [Roy S. Moore, "So Help Me God" Nashville, Tennessee: Broadman and Holman Publisher, 2005, p. 8]
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 Authoritybuilding dams and later the Anniston Army Depot. Moore attended school his freshman year at Gallant near Gadsden but transferred to Etowah County High Schoolfor his final three years of public education, having graduated in 1965. [Roy S. Moore, "So Help Me God" Nashville, Tennessee: Broadman and Holman Publisher, 2005, p. 9]
On the recommendation of outgoing Democratic
U.S. Representative Albert Rainsand confirmed by incoming Republican Representative James D. Martin, Moore was admitted to the United States Military Academyat West Point, New York, where he graduated in 1969 with a bachelor of sciencedegree. With the Vietnam War underway, Moore first served in several posts as a military police officer, including Fort Benning, Georgia, and Illesheim, Germanybefore being sent to South Vietnam. Moore served as company commander of his MP unit and was known to be very strict (to the point of earning a reputation as "being a stickler for constant salutes and regulation haircuts in the midst of war") [cite news
title = Moore: 'I've kept my oath'
publisher = CNN
url = http://www.cnn.com/2003/US/South/08/25/moore.bio/index.html] ), earning him the derogatory nickname "Captain America." His role earned him several enemies, and he so feared being fragged that he recalls in his autobiography sleeping on sandbags to avoid a
grenadeor bomb being tossed under his cot.
Moore left the
United States Armyas a captainin 1974, and was admitted to the University of AlabamaSchool of Law in Tuscaloosa that same year. he graduated in 1977 with a Juris Doctordegree and returned to Gadsden to begin private practice with a focus on personal injury and insurancecases.
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 juryto 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." [Roy S. Moore, "So Help Me God" Nashville, Tennessee: Broadman and Holman Publisher, 2005, p. 29] 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 Outbackand, after meeting Fundamentalist ChristianColin Rolfe, worked for almost a year as a cowboyon Rolfe's convert|42000|acre|km2|0|sing=on 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.
In 1992, Etowah County Circuit Judge Julius Swann died in office. Republican
Governor Guy Huntwas 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." [http://www.theatlantic.com/doc/200510/roy-moores-ten-commandments/3]
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 prayerbeseeching 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.
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.
In March 1995, the ACLU filed its 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 Jamesinstructed state Attorney General Bill Pryorto 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 Ministriesin 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 to this day.
Chief Justice, Alabama Supreme Court
Campaign and election
In late 1999, the
Christian Family Associationbegan 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. [Roy S. Moore, "So Help Me God" Nashville, Tennessee: Broadman and Holman Publisher, 2005, p. 124]
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 supposedly declining influence "corresponded directly with school violence, homosexuality, and crime." [ [http://www.theatlantic.com/doc/200510/roy-moores-ten-commandments/3 Roy and His Rock ] ]
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 U.S. 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 Amendmentand 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
preamblethat 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. . . ." [Roy Moore, "So Help Me God" Nashville, Tennessee: Broadman and Holman Publisher, 2005, p. 135]
D.H. vs. H.H.
February2002, 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 lesbianwas 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. [cite news
last = Keith
first = Leon Drouin
title = Lesbian mother in Alabama custody case mulls appeal
publisher = AP (via sodomylaws.org)
date = 2002-03-28
url = http://www.sodomylaws.org/usa/alabama/alnews20.htm]
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. [http://www.ccbama.org/custody/Custody.pdf "Ex parte H.H. (In re: D.H. v. H.H.)"] (
Moore's comments led to protests in front of the state judicial building and drew nationwide criticism from
civil rightsgroups 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. [cite news
last = Fleming
first = Mike
title = Alabama judge defends anti-gay remarks
publisher = The Southern Voice (via GLAAD)
date = 2002-03-04
url = http://www.glaad.org/publications/resource_doc_detail.php?id=3481]
Ten Commandments monument controversy
Construction and installation
A month after his election, Moore began making plans for a larger
monumentto 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) graniteblock, 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. [http://fl1.findlaw.com/news.findlaw.com/hdocs/docs/religion/glsrthmre111802opn.pdf "Glassroth v. Moore"] ( Vermontwas ordered and shipped, and Moore found benefactors and a sculptor to complete the job.
Late the night 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. [cite news
last = Hess
first = Michael
title = Alabama Ten Commandments display not civil rights issue
publisher = BBSNews
date = 2003-09-01
url = http://bbsnews.net/bw2003-09-02.html]
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."
October 30 2001, the ACLU of Alabama, Americans United for Separation of Church and Stateand the Southern Poverty Law Centerwere among groups which filed suit in the United States District Courtfor 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.'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."
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." [http://www.ca11.uscourts.gov/ops/200216708.pdf "Glassroth v. Moore"] (
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.
Judgment and appeal
November 18 2002, federal U.S. District Judge Myron Thompson issued his ruling declaring that the monument violated the Establishment Clauseof the First Amendmentto the U.S. Constitutionand 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."
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."
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. [ [http://fl1.findlaw.com/news.findlaw.com/hdocs/docs/religion/glsrthmre80503jdgmt.pdf "Glassroth v. Moore" (Final Judgment and Injunction)] (
Protests and monument removal
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, significantly less than the expected 25,000, [cite news
last = Kleffman
first = Todd
title = Thousands rally for Commandments
publisher = Montgomery Advertiser
date = 2003-08-17
url = http://www.montgomeryadvertiser.com/specialreports/TENcommandments/StoryLocalrally17w.htm] 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. [ [http://fl1.findlaw.com/news.findlaw.com/hdocs/docs/religion/glsrthmre82103alsc.pdf Order No. 03-01] ( August 21 2003.]
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. [Roy S. Moore, "So Help Me God" Nashville, Tennessee: Broadman and Holman Publisher, 2005, pp. 221-222]
August 27, the monument was moved to a non-public side room in the judicial building. [cite news
last = West
first = William F.
title = Display removal irritates crowd
publisher = Montgomery Advertiser
date = 2003-08-28
url = http://www.montgomeryadvertiser.com/specialreports/TENcommandments/StoryAlabamamonpeople828w.htm] 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. [cite news
last = McGrew
first = Jannell
title = Ten Commandments monument on tour
publisher = Montgomery Advertiser
date = 2004-07-20
url = http://www.montgomeryadvertiser.com/specialreports/TENcommandments/StoryAlabamaTENCOM20W.htm]
Removal from office
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. [cite news
last = McGrew
first = Jannell
title = Moore suspended
publisher = Montgomery Advertiser
date = 2003-08-23
url = http://www.montgomeryadvertiser.com/specialreports/TENcommandments/StoryAlabamamooreweb823.htm]
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." [cite news
last = Wingfield
first = Kyle
title = Alabama chief justice removed from office
publisher = AP (via AL.com)
date = 2003-11-13
url = http://www.al.com/specialreport/?111303moore.html]
The next day, the COJ issued a unanimous opinion ruling that "Chief Justice Moore has violated the Alabama Canons of Judicial
Ethicsas 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." [ [http://www.judicial.state.al.us/documents/final.pdf "In the matter of: Roy S. Moore, Chief Justice of the Supreme Court of Alabama] (
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 taxesand 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. [cite news
last = Roig-Franzia
first = Manuel
title = Alabama vote opens old racial wounds
publisher = Washington Post
date = 2004-11-28
url = http://www.washingtonpost.com/wp-dyn/articles/A16443-2004Nov27.html ]
In 2004, along with
Herb Titus, Moore was an original drafter of the Constitution Restoration Act[cite news
title = Judge Roy Moore Introduces Constitution Restoration Act 2004
publisher = WAFF News
date = 2004-02-13
url = http://www.waff.com/Global/story.asp?S=1644862 ] 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
impeachmentof judges who failed to do so. The bill was introduced in both houses of Congress in 2004 and then reintroduced in 2005, having languished in committee both times.
Candidacy for Governor
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.cite news
last = Rawls
first = Phillip
title = Dark political future?
publisher = AP (via Decatur Daily)
date = 2006-06-11
url = http://www.decaturdaily.com/decaturdaily/news/060611/moore.shtml]
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.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.
July 26, 2006, WorldNetDaily, the operation of journalist Joseph Farah, announced that Moore would be joining the publication as a columnist. [cite news
title = Judge Roy Moore debuts as columnist
publisher = WorldNetDaily
date = 2006-07-26
url = http://www.worldnetdaily.com/news/article.asp?ARTICLE_ID=51228
accessdate = 2006-07-26] 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. [cite news
last = Moore
first = Roy
title = Will America choose to acknowledge God?
publisher = WorldNetDaily
date = 2006-07-26
url = http://www.worldnetdaily.com/news/article.asp?ARTICLE_ID=51226
accessdate = 2006-07-26]
Moreover, in a column dated
December 13, 2006, Moore claimed that Keith Ellison, the first Muslim to have been elected to the United States House of Representativesin the 2006 election should be barred from sitting in Congress, arguing 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". [cite news
last = Moore
first = Roy
title = Muslim Ellison should not sit in Congress
publisher = WorldNetDaily
date = 2006-12-13
url = http://www.worldnetdaily.com/news/article.asp?ARTICLE_ID=53345
accessdate = 2006-12-13] Not only does this statement conflict with the Constitution's prohibition on religious tests for public office, but it has led to critics stating that Moore advocates a "Christians only theocracy." [cite news
last = Brayton
first = Ed
title = Moore's Christians Only Theocracy
publisher = Dispatches from the Culture Wars
date = 2006-12-14
url = http://scienceblogs.com/dispatches/2006/12/moores_christians_only_theocra.php
accessdate = 2006-12-16]
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.
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 Woffordis a 2004 play about two gay men who decide to marry in Californiaand 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." [http://www.wbhm.org/News/2004/Judge_Moore_is_Coming_to_Dinner.html]
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." [http://www.wbhm.org/News/2004/Judge_Moore_is_Coming_to_Dinner.html]
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. [http://www.wbhm.org/News/2004/Judge_Moore_is_Coming_to_Dinner.html]
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." [Roy S. Moore, "So Help Me God: The Ten Commandments, Judicial Tyranny, and the Battle For Religious Freedom" Nashville: Broadman & Holman, pp. 241, 245]
Moore is also closely associated with the
Foundation for Moral Law, which handles many Freedom of Speech cases nationwide, especially pertaining to religion.
*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.
Glassroth v. Moore
Thomas More Law Center
*Green, Joshua (October 2005). [http://www.theatlantic.com/doc/200510/roy-moores-ten-commandments "Roy and His Rock."] "The Atlantic".
*Kleffman, Todd (
13 October 2002). [http://www.montgomeryadvertiser.com/specialreports/TENcommandments/StoryAlabamaMOORE13WW.htm "Monumental decision (first in a two-part series)."] "Montgomery Advertiser".
* [http://www.cnn.com/2003/LAW/11/13/moore.tencommandments/ "Ten Commandments judge removed from office"] (
14 November 2003). "CNN".
* [http://morallaw.org Foundation For Moral Law] - legal organization chaired by Moore.
* [http://wnd.com/news/archives.asp?AUTHOR_ID=273 Moore's WorldNetDaily Archive]
* [http://www.montgomeryadvertiser.com/specialreports/TENcommandments/ The Ten Commandments Case] - archive of "Montgomery Advertiser" stories related to Roy Moore.
* [http://www.msnbc.msn.com/id/12918042/ The rise and fall of Judge Roy Moore] - from "MSNBC".
* [http://www.humanevents.com/article.php?id=2660 "Man of the Year: Roy Moore"] - article by
Ann Coulterin support of Moore.
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