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If you are living in a cave, you might not have heard about Justice Roy Moore, Alabama's Supreme Court chief justice and his Ten Commandments monument.  There are a variety of arguments for and against his defiant installation of what has for all practical purposes become a religious shrine in the Alabama Supreme Court House.  It is, as I hear, a "washing machine sized" chunk of granite with a replica of the stone tablets of the Ten Commandments atop, and biblical engravings referencing Divine law all around it.  

There are some facts in the case that I feel undermine the potentially valid claims that the monument is not an infringement of the federal constitution.  

America's founding fathers were not all Christians.  Some were atheists and some were deists.  Their intention was clearly to prevent the establishment of any specific state religion.  However, it is clear that American history is saturated with reference to and dependence on the Judeo-Christian tradition.  The homogeneity of this nation was such that the Judeo-Christian tradition became by default, a practical state religion.  However, during the past forty years, immigrants from non-European nations and growing secular and new age movements have made this Judeo-Christian tradition a relic of a past age in regards to the public and legal arena.  Whereas in 1954 it was quite possible for the Judeo-Christians to bully the secular humanists into adding the phrase "under God" to the Pledge of Allegiance, the question of which God this might be, and the question of His very existence have made this seemingly innocent phrase controversial.  Consequently, it seems completely reasonable to acknowledge the historical role of that tradition, but we must be very cautious not to suggest that there is any connection between our system of justice and a particular faith.  I see no logical reason to hold that religious monuments in public legal buildings built before 1954 are controversial.  These monuments are found all over the country.  They are historical artifacts.  However, Roy Moore's shrine was installed at midnight, without the knowledge of other Supreme Court justices or the community in 2001.  Under these circumstances, it is evident that Moore personally wanted to spark controversy and offense at the same time that he wished to assert the primacy of his Christian faith.  This monument is not innocent in intention, but rather a blatant statement that those who don't accept those laws are out of line with the laws of Alabama.  It has nothing to do with the sort of historical acknowledgement that they attempt to hide behind. 

Furthermore, Moore campaigned on his Ten Commandments crusade.  Everyone knew he would do something like this, and his religion is an overt part of his personality as a judge.  One could easily argue that this position itself--minus the monument--disqualifies him as an impartial dispenser of justice in American society.  It underscores the nefarious and contra-legal aspect of this monument.

The monument has become a religious shrine.  Believers are coming to pray in front of it, in what could be described as a violation of the Commandment not to worship graven idols. Also, there are plans to defend it from forced removal by US Marshals.  I predict that an ironic throng of Christians will handcuff themselves around it and sing the same songs Martin Luther King sang in the civil rights movement.  Keep in mind that Alabama is the location of the battle over the Confederate flag flying over the capital.  It is not clear that Moore is one of those who supports the flag, but it is blatantly clear that the Confederate flag wavers are also fervent supporters of this monument.  The irony of this situation is palpable, and makes me feel nauseous.  

As we know, the federal court has determined that it must be removed.  Moore and the his followers--supported by groups like the League of the South--are appealing the decision to the Supreme Court.  They plan to put up a big fight.  Whether or not the monument might be interpreted in an innocent way, it is quite clear that it has become a vile symbol of intolerant Fundamentalist Christian and even southern neo-nazi thought.  Whereas there is a quite innocent statue of Moses in the Supreme Court of the United States which holds the stone tablets, the Alabama monument should be removed and pulverized in front of the eyes of weeping, confederate flag waving members of the League of the South.  Links: [1 , 2