August 1

On August 1, 2001, Alabama Supreme Court Justice Roy Moore installs a Ten Commandments plaque in the Alabama judiciary building.

In the 1990's, Justice Moore had put a wooden plaque with the Ten Commandments in his courtroom. He was also known to have the chaplain lead the court in prayer at the beginning of sessions (not atypical in Alabama). The ACLU asked for the plaque to come down, and the prayers to cease. The First Amendment of the Bill of Rights says that

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

The establishment part of the First Amendment has been a source of difficulty since the Bill of Rights was passed. Many people believe that the United States is at its base a Christian nation, and that the establishment of a religion is more about which branch of Christianity more than which deity. Others feel the First Amendment should be read on its face, that the government should not be in the business of promoting religion of any kind. There is also dispute on where no establishment of religion interferes with free exercise.

Courtrooms are problematic. Courts are a function of the government. Petitioners have a right to impartial treatment, and judgment based on the law, not religious beliefs. On the other hand, many courts still retain old traditions based on belief, such as swearing on a Bible and in some jurisdictions, prayers before court sessions.

Judge Moore's first case was thrown out on technical grounds. The next display, a plaque of over 5000 lbs of granite, was put up on August 1, 2001. Again, the ACLU sued on the Establishment Clause. There was testimony that many lawyers actively avoided the monument by avoiding the court building and that the monument had become a place for prayer.

The monument was removed by order of the 11th Circuit Court of Appeals for failing the Lemon test. The Lemon test is three pronged: the contested item or practice must have a legitimate secular purpose; the effect must not inhibit or advance religion; and must not excessively entangle the government with religion. This test has not been uniformly used or applied, but is the most commonly cited.

After resisting following the order to remove the monument, Justice Moore was removed by his state's Court of the Judiciary.

There was a Supreme Court case about a similar monument in Texas, Van Orden v Perry. In this Supreme Court case, the monument was held to be a legitimate tribute to Texas history, along with statues honoring the Alamo and Texas Women. The Court held the monument had a secular purpose in combating juvenile deliquency.

However, the same day, the Court also handed down McCreary County v. ACLU of Kentucky, which said courthouse displays of the Ten Commandments did violate the Establishment Clause. McCreary County had a display of "Foundational Documents" such as the Constitution. In this case, the Ten Commandments was considered to have no secular purpose.

The lines on the Establishment Clause are far from clear, even to the Supreme Court. The most common result in these circumstances is the case being thrown out on technical grounds, as in the case of Justice Moore.