labama Chief Justice Roy Moore declared yesterday that he will file papers in federal court appealing a government order that he remove a 5,280-pound granite monument of the Ten Commandments he had placed in the rotunda of the state Judicial Building.

   Last month, U.S. District Judge Myron Thompson ruled that the display violated the constitutional separation of church and state, and ordered the rock removed within thirty days. Attorneys for plaintiffs in the case soon announced that they would seek $704,000 in legal fees.

   "Federal district courts have no jurisdiction or authority to prohibit the acknowledgment of God that is specifically recognized in the Constitution of Alabama," complained Moore in a statement to news media. "For a federal court to say we cannot acknowledge God contradicts our history and our law."

   "Our state motto is 'We Dare Defend Our Rights,' " the press statement continued. "The time has come when we can do no less."

   The combative Chief Justice has already stated that he has "no intentions" of removing the Commandments rock while the appeal process is underway. Judge Thompson is expected to issue an injunction calling for removal of the display within 15 days. According to the Montgomery Advertiser newspaper, a hearing on that matter is slated for December 19 in federal court.

   Thompson's ruling came after several organizations including the Southern Poverty Law Center and Americans United filed suit arguing that the Decalogue monument violated the First Amendment prohibition on establishing religion. In his 78-page decision and order, Thompson noted that Moore's purpose in ordering placement of the display was "non-secular" and "self-evident." He quoted Moore's own description of the Commandments monument as a device serving "to remind (people) ... that in order to establish justice we must invoke 'the favor and guidance of almighty God.' "

   During the two week trial, Moore also insisted that the Commandments were "the source from which all morality springs" and a manifestation of "the sovereignty of God."

   Judge Thompson also quoted the U.S. Supreme Court decision in STONE v. GRAHAM (1980) that struck down a Kentucky statute ordering the posting of the Commandments in the state's public school classrooms. Defenders of that law argued that the Decalogue served a secular purpose, but justices described the Mosaic code as a "pre-eminent" religious document.

   Moore himself admitted, "The Ten Commandments are undeniably a sacred text in the Jewish and Christian faiths, and no legislative recitation of a supposed secular purpose can blind us to that fact."

   An attorney for Moore told reporters that the notice of appeal filed with the court yesterday does not list the specific legal grounds that might be raised in the next round of judicial argument. Lawyer Phillip Jauregui said, though, that his client would likely challenge the authority of any federal judge to dictate removal of the monument and, in effect, possibly trump state courts. Another possible point of appeal would involve the meaning of the term "religion."

   "That's the most important word in this case," Jauregui said. "The court refused to define religion, even said it was dangerous to define it. We believe it is dangerous not to define it."

   Earlier this month, Justice Moore denounced as "outrageous" a move by plaintiff's attorneys to recover $704,000 in fees and expenses as a result of the lawsuit over the Ten Commandments monument.

   "I've learned not to be shocked by anything the plaintiff's lawyers do," Moore told reporters, "but these are certainly outrageous bills." It is expected that Moore will incorporate the fee issue into his legal appeal. The costs cover expenses incurred by six lawyers during the trial, as well as nearly a year in research and preparation in the case. One attorney, Ayesha Kahn, told Associated Press that she expects Moore to eventually ask the state to pay the cost of litigation.

   So far, Moore has raised legal defense funds through a committee, and a special licensing agreement with televangelist James Kennedy. A video crew from Kennedy's Florida-based Coral Ridge Ministries was on location when the two-ton granite Commandments monument was moved into the foyer of the Alabama Judicial Building. Regular news media and even Moore's fellow justices were not advised of the move.

   Judge Moore remains a hero to the religious right in the ongoing culture war over displays of faith and sectarian belief in the public square.

   Despite the latest set-back, a group known as American Veterans in Domestic Defense plans to hold a rally in support of Moore on Monday, December 16 on the steps of the state capitol in Montgomery beginning at 10 AM. According to Blair Scott of the Mobile Atheists, the Christian Coalition of Alabama --which organized previous public demonstrations in support of the crusading jurists -- is also promoting the event. Following the rally, members of AVIDD will march to the Alabama Judicial Building to "view and guard the Ten Commandments monument."

   AVIDD is a relative newcomer to the religious right scene. The organization has been active in the so-called "property rights" movement. The Chairman of the group, a former U.S. Marine Corps general says that AVIDD plans to "involve all veterans, civic leaders, law enforcement groups, churches and neighborhoods" in its campaign.

   "Our culture is being destroyed by Hollywood, rockers, and rappers, aided and abetted by the news and entertainment industry," warns a section of the AVIDD web site titled "The Challenge." It adds that the organization is "deeply concurred that our failing judicial system is aiding and abetting those who want to destroy our Constitution and the liberties we fought for, including our Christian heritage."

   Atheists and other state-church separationists are being encouraged to join in a peaceful counter-protest being organized by The Mobile Atheists.

   "Not everyone in Alabama supports such unconstitutional nonsense and theocratic dreams," said Blair Scott, President of TMA.

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