MONTGOMERY, Ala. — The Chief Justice of the Alabama Supreme Court, also known as the ‘Ten Commandments Judge,’ has proposed the passage of a federal constitutional amendment that would enshrine marriage as being between a man and a woman.
“Nothing in this Constitution or in the constitution or laws of any state shall define or shall be construed to define marriage except as the union of one man and one woman, and no other union shall be recognized with the legal incidents thereof within the United States or any place subject to their jurisdiction,” Moore’s proposed amendment states.
Judge Roy Moore recently mailed letters to each governor, lieutenant governor and legislative body in all 50 states, urging the formation of a convention to add the amendment to the U.S. Constitution.
“The moral foundation of our country is under attack,” he wrote in his letter to Alabama Governor Robert Bentley. “[P]rior to 2003, neither our history nor Supreme Court precedent had ever recognized a ‘right’ to commit sodomy or a ‘right’ for homosexuals to enter a same-sex ‘marriage’ relationship, nor any ‘liberty’ associated therewith secured by ‘due process’ under the Fifth and Fourteenth Amendments.”
“In fact, as recently as 1986, in Bowers v. Hardwick, the Court declared that the United States Constitution did not confer a fundamental right upon homosexuals to engage in sodomy,” Moore continued.
He then noted that Article V of the U.S. Constitution allows for Congress to call a convention for proposed amendments that obtain the approval of two-thirds of the states. Moore urged that the state secure a resolution from the legislature as a “first step toward the preservation of marriage and the moral foundation of our country.”
Moore has long been known as a strong advocate for the law of God, and was removed from the bench in 2003 for refusing to stop acknowledging God in the courtroom.
As previously reported, in 2000, Moore ran for Chief Justice of the Alabama Supreme Court after serving as a circuit judge in Etowah County. Upon winning his bid and setting up his office in the courthouse, he arranged for a two-ton granite monument of the Ten Commandments to be displayed in the building’s rotunda, which was installed the following year.
Soon after, Moore was slammed with two lawsuits from three separate groups: the ACLU, Americans United for Separation of Church and State and the Southern Poverty Law Center. Civil rights attorney Morris Dees of the Southern Poverty Law Center soon emerged as the central opponent to Moore’s display, arguing that the chief justice “placed this monument here to acknowledge the sovereignty of God over the affairs of men.”
Following a battle in the 11th Circuit Court of Appeals, who ruled that the display was unconstitutional as it violated the Establishment Clause, District Court Judge Myron Thompson then ordered Moore to remove the Ten Commandments from the courthouse rotunda within fifteen days. Moore refused, but the monument was later moved to a room that was not open for public viewing.
Days later, the Alabama Judicial Inquiry Commission filed a complaint against Moore. His position as Chief Justice was suspended, and he was placed on trial. On August 23, 2003, a unanimous panel of the Alabama Court of the Judiciary removed Judge Moore from the bench.
He was reelected as Chief Justice in November 2013 with 52 percent of the vote.