Roy's Law
News: How far could Alabama's 'Ten Commandments Judge' go ruling according to what he calls the 'moral foundation' of our laws?
September 10, 2003
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"It is a sad day in our country when the moral foundation of our law ... has to be hidden from public view to appease a federal judge."
With those few words, Roy Moore, the best-known Chief Justice in Alabama history, laid bare the logical spine of his assault on the separation of church and state. Based on the facts alone, it's a pretty weak spine.
Moore released his statement late last month, minutes after an out-of-state moving crew slowly wheeled away the massive granite monument to the Ten Commandments he had installed in the rotunda of the state's Supreme Court two years ago. It's familiar language. For almost a decade, Moore has been waging a campaign to establish the legal validity of the commandments. Just three years ago, he was elected to his lofty position by running a campaign reminding voters he was "still the Ten Commandments Judge."
But, while Moore has an enviable gift for political rhetoric, his grasp of law and logic seem a little weak.
The suggestion that the monument's removal was the result of a single judge's sentiment flies in the face of the facts. The ruling, handed down late last year, was affirmed this summer by a three-judge federal appeals panel in Georgia. And, when Moore announced he would defy that ruling, the eight Associate Justices of Alabama's high court voted to overrule their chief and comply with the order.
But what about the first part of Roy's response? He's made the assertion often enough (Moore once called his 5,300-pound chunk of religiosity "a symbol of the Judeo-Christian foundation of US law"). But could he make it stand up in his own court? If Roy Moore really wanted to be the Ten Commandments Judge, how far could he get without violating the oath he took when he became a judge?
1. Thou shalt have no other gods before me.
-- In fact, Alabama law lets you have any number of gods -- before, after, or instead of. The Alabama state constitution strictly forbids the legal establishment of any religion, declaring that "no preference shall be given by law to any religious sect, society, denomination, or mode of worship." Which is, of course, what this is all about.
2. Thou shalt not make unto thee any graven image, or any likeness of any thing that is in heaven above, or that is in the earth beneath, or that is in the water under the earth.
-- Another strike. Under Alabama law, anybody can craft any number of images, graven or otherwise. In fact, dozens can be found in downtown Montgomery, including a life-sized statue of favorite son Hank Williams Sr. -- the late, great country musician who is definitely in the earth beneath and, if you believe many Alabamians, in heaven above, too.
3. Thou shalt not take the name of the Lord thy God in vain.
-- Sorry, Roy. Cussin' -- God-related or otherwise -- is essentially legit in Alabama. The state places no legal restriction on profane speech. Quite the opposite. The state constitution provides that "That no law shall ever be passed to curtail or restrain the liberty of speech." Ungodly language in print, however, is another matter. Alabama school districts have banned plenty of books for 'profane' speech, including most of the works of John Steinbeck and Stephen King.
4. Remember the Sabbath day, to keep it holy. Six days shalt thou labour, and do all thy work. But the seventh day is the Sabbath of the Lord thy God.
-- Nope. Alabama doesn't reserve the Sabbath for rest and religion (although the state does, for some reason, have a law prohibiting the playing of dominoes on Sunday). In Montgomery, you can even buy alcohol on Sunday. What's more, legally requiring Alabamians to rest on Sunday could prevent the Crimson Tide football team from playing for the national championship (the big game is the Nokia Sugar Bowl, scheduled for Jan. 4 in New Orleans).
5. Honor thy father and thy mother.
-- Alabama law doesn't require you to honor anybody, parents included. Which isn't to say that children get off easy. The state still allows corporal punishment in schools, and even shields school employees from any civil or criminal charges related to spanking kids. In 1999, about 5.5 percent of Alabama school children found that out the hard way. So, honor thy home room teacher, 'Bama boys and girls.
6. Thou shalt not kill.
-- Finally, a commandment that is legally binding. Sort of. Killing -- at least killing other human beings -- is against the law in Alabama. But, as Christian death penalty opponents have long argued, the state doesn't necessarily take the commandment to heart -- the state executed 28 people since 1978, including three this year.
7. Thou shalt not commit adultery.
-- Adultery actually is against the law in Alabama. But you won't do any jail time for fooling around. Defined as engaging "in sexual intercourse with another person who is not his spouse and lives in cohabitation with that other person when he or that other person is married," adultery is a class B misdemeanor, punishable by a $1,000 fine. Which, by the way, is $9,000 less than you will have to pay if convicted in Alabama for selling a vibrator (state lawmakers banned the sale of sex toys five years ago).
8. Thou shall not steal.
-- You can't steal in Alabama. That's definitely against the law. Even for politicians and judges.
9. Thou shalt not bear false witness against thy neighbour.
-- Bearing false witness -- against neighbors, friends, enemies, or complete strangers -- is definitely a no-no in Alabama. Provided you do so under oath. In that case, it's perjury, and it's punishable by up to 10 years in jail. Outside of court, there's no statute against fibbing about your neighbor.
10. Thou shalt not covet thy neighbour's house, thou shalt not covet thy neighbour's wife, nor his manservant, nor his maidservant, nor his ox, nor his ass, nor any thing that is thy neighbor's.
-- You can covet in Alabama. You can covet houses, wives, servants, oxen, asses -- just about every thing that is your neighbor's. Of course, coveting oxen and asses is a little harder these days. There just aren't many around -- not like in 1861, when the state boasted 92,495 working oxen and 108,701 mules.
Image: AP/Wide World Photos
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