Glassroth v. Moore
Encyclopedia
Glassroth v. Moore, CV-01-T-1268-N, 229 F. Supp. 2d 1290
(M.D. Ala.
2002), and its companion case Maddox and Howard v. Moore, CV-01-T-1269-N, concern then-Alabama Supreme Court
Chief Justice Roy S. Moore
and a stone monument of the Ten Commandments
in the rotunda of the State Judiciary Building in Montgomery
, Alabama
.
Whe Judge Moore was a lower court judge, he had become famous for his fights over the display of the Ten Commandments in his courtroom. Based on his popularity he was elected Chief Justice of the Alabama Supreme Court
On August 1, 2001, Justice Moore had a 5,280-pound (2,400 kg) block of granite with the Ten Commandments engraved on it, installed during the middle of the night without the knowledge of the other Alabama Supreme Court justices.
A group of lawyers consisting of Stephen R. Glassroth, Melinda Maddox and Beverly Howard, who felt their clients might not receive fair treatment if they did not share Moore's religious opinion, and that the placement of the monument violated the Establishment Clause of the First Amendment
, filed civil suits in Federal Court
against Justice Moore in his official capacity as Chief Justice to have the monument removed.
On November 18, 2002, the District Court
held the monument violated the Establishment Clause. The following day, the District Court directed Moore to remove the monument from the building. That injunction was stayed pending appeal. The Court of Appeals affirmed the original decision on July 1, 2003.
After the decision of the Court of Appeals, Moore did not ask the court for a rehearing, nor did he request the Court of Appeals, to stay its mandate pending the filing of a petition to the United States Supreme Court for a writ of certiorari
. On July 30, 2003, having received no request to stay the mandate, the Court of Appeals issued its mandate to the District Court. On August 5, 2003, the District Court entered its "Final Judgment and Injunction," and enjoined Chief Justice Moore, his officers, agents, servants, and employees and those persons in active concert or participation with him who received actual notice of this injunction from "failing to remove, by no later than August 20, 2003, the Ten Commandments monument at issue in this litigation from the non-private areas of the Alabama State Judicial Building."
On August 14, 2003, Moore stated publicly that he would not comply with the injunction issued to him by the District Court:
On August 21, 2003, when Moore failed to comply with the August 5, 2003, Order of the District Court, the eight Associate Justices of the Supreme Court of Alabama, issued an order recognizing that "[t]he refusal of officers of this Court to obey a binding order of a federal court of competent jurisdiction would impair the authority and ability of all of the courts of this State to enforce their judgments," and issued an order countermanding the "administrative decision of the Chief Justice to disregard the writ of injunction of the United States District Court for the Middle District of Alabama" and ordered "that the Building Manager of the Alabama Judicial Building be, and the same hereby is, DIRECTED to take all steps necessary to comply with the injunction as soon as practicable."
A later case, McGinley v. Houston et al., in which another lawyer sued Gorman Houston, the Senior Associate Justice of the Alabama Supreme Court and the other justices for removing the monument. The suit was dismissed on the grounds that removing a monument of the Ten Commandments does not constitute an establishment of religion.
Justice Moore would later be removed from office for judicial misconduct for failing to comply with the order of the federal court.
Case citation
Case citation is the system used in many countries to identify the decisions in past court cases, either in special series of books called reporters or law reports, or in a 'neutral' form which will identify a decision wherever it was reported...
(M.D. Ala.
United States District Court for the Middle District of Alabama
The United States District Court for the Middle District of Alabama is the Federal district court whose jurisdiction comprises the following counties: Autauga, Barbour, Bullock, Butler, Chambers, Chilton, Coffee, Coosa, Covington, Crenshaw, Dale, Elmore, Geneva, Henry, Houston, Lee, Lowndes,...
2002), and its companion case Maddox and Howard v. Moore, CV-01-T-1269-N, concern then-Alabama Supreme Court
Alabama Supreme Court
The Supreme Court of Alabama is the highest court in the state of Alabama. The court consists of an elected Chief Justice and eight elected Associate Justices. Each justice is elected in partisan elections for staggered six year terms. The Governor of Alabama may fill vacancies when they occur...
Chief Justice Roy S. Moore
Roy Moore
Roy Stewart Moore 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...
and a stone monument of the Ten Commandments
Ten Commandments
The Ten Commandments, also known as the Decalogue , are a set of biblical principles relating to ethics and worship, which play a fundamental role in Judaism and most forms of Christianity. They include instructions to worship only God and to keep the Sabbath, and prohibitions against idolatry,...
in the rotunda of the State Judiciary Building in Montgomery
Montgomery, Alabama
Montgomery is the capital of the U.S. state of Alabama, and is the county seat of Montgomery County. It is located on the Alabama River southeast of the center of the state, in the Gulf Coastal Plain. As of the 2010 census, Montgomery had a population of 205,764 making it the second-largest city...
, Alabama
Alabama
Alabama is a state located in the southeastern region of the United States. It is bordered by Tennessee to the north, Georgia to the east, Florida and the Gulf of Mexico to the south, and Mississippi to the west. Alabama ranks 30th in total land area and ranks second in the size of its inland...
.
Whe Judge Moore was a lower court judge, he had become famous for his fights over the display of the Ten Commandments in his courtroom. Based on his popularity he was elected Chief Justice of the Alabama Supreme Court
On August 1, 2001, Justice Moore had a 5,280-pound (2,400 kg) block of granite with the Ten Commandments engraved on it, installed during the middle of the night without the knowledge of the other Alabama Supreme Court justices.
A group of lawyers consisting of Stephen R. Glassroth, Melinda Maddox and Beverly Howard, who felt their clients might not receive fair treatment if they did not share Moore's religious opinion, and that the placement of the monument violated the Establishment Clause of the First Amendment
First Amendment to the United States Constitution
The First Amendment to the United States Constitution is part of the Bill of Rights. The amendment prohibits the making of any law respecting an establishment of religion, impeding the free exercise of religion, abridging the freedom of speech, infringing on the freedom of the press, interfering...
, filed civil suits in Federal Court
United States district court
The United States district courts are the general trial courts of the United States federal court system. Both civil and criminal cases are filed in the district court, which is a court of law, equity, and admiralty. There is a United States bankruptcy court associated with each United States...
against Justice Moore in his official capacity as Chief Justice to have the monument removed.
On November 18, 2002, the District Court
United States district court
The United States district courts are the general trial courts of the United States federal court system. Both civil and criminal cases are filed in the district court, which is a court of law, equity, and admiralty. There is a United States bankruptcy court associated with each United States...
held the monument violated the Establishment Clause. The following day, the District Court directed Moore to remove the monument from the building. That injunction was stayed pending appeal. The Court of Appeals affirmed the original decision on July 1, 2003.
After the decision of the Court of Appeals, Moore did not ask the court for a rehearing, nor did he request the Court of Appeals, to stay its mandate pending the filing of a petition to the United States Supreme Court for a writ of certiorari
Certiorari
Certiorari is a type of writ seeking judicial review, recognized in U.S., Roman, English, Philippine, and other law. Certiorari is the present passive infinitive of the Latin certiorare...
. On July 30, 2003, having received no request to stay the mandate, the Court of Appeals issued its mandate to the District Court. On August 5, 2003, the District Court entered its "Final Judgment and Injunction," and enjoined Chief Justice Moore, his officers, agents, servants, and employees and those persons in active concert or participation with him who received actual notice of this injunction from "failing to remove, by no later than August 20, 2003, the Ten Commandments monument at issue in this litigation from the non-private areas of the Alabama State Judicial Building."
On August 14, 2003, Moore stated publicly that he would not comply with the injunction issued to him by the District Court:
- "As Chief Justice of the State of Alabama, it is my duty to administer the justice system of our state, not to destroy it. I have no intention of removing the monument of the Ten Commandments and the moral foundation of our law. To do so would, in effect, result in the [be a] disestablishment of our system of Justice in this State. This I cannot and will not do!"
On August 21, 2003, when Moore failed to comply with the August 5, 2003, Order of the District Court, the eight Associate Justices of the Supreme Court of Alabama, issued an order recognizing that "[t]he refusal of officers of this Court to obey a binding order of a federal court of competent jurisdiction would impair the authority and ability of all of the courts of this State to enforce their judgments," and issued an order countermanding the "administrative decision of the Chief Justice to disregard the writ of injunction of the United States District Court for the Middle District of Alabama" and ordered "that the Building Manager of the Alabama Judicial Building be, and the same hereby is, DIRECTED to take all steps necessary to comply with the injunction as soon as practicable."
A later case, McGinley v. Houston et al., in which another lawyer sued Gorman Houston, the Senior Associate Justice of the Alabama Supreme Court and the other justices for removing the monument. The suit was dismissed on the grounds that removing a monument of the Ten Commandments does not constitute an establishment of religion.
Justice Moore would later be removed from office for judicial misconduct for failing to comply with the order of the federal court.
External links
- Opinion in Glassroth v. Moore (PDF)
- Opinion in McGinley v. Houston (PDF)
- Complaint to remove Justice Moore (PDF)