Alabama chief justice loses fight over Commandments U.S. Supreme Court allows removing them from state building

MONTGOMERY, Ala.--Alabama Chief Justice Roy Moore on Wednesdaylost a last-minute appeal to the Supreme Court to save a TenCommandments monument he installed in a judicial building, clearingthe way for its removal.

The high court rejected Moore's emergency plea for a stay,declining to be drawn into a dispute over whether the 5,300-pound,granite monument violates the Constitution's ban on governmentpromotion of religion.

After the court acted, Montgomery police handcuffed 21 Mooresupporters who had kneeled and stood at the monument inside thebuilding rotunda and refused to leave. They were taken to jail andcharged with trespassing.

U.S. District Judge Myron Thompson had set a midnight Wednesdaydeadline for the monument's removal. He was not expected to takeimmediate action to remove the display, which remained in place earlytoday.

Several hundred supporters of Moore gathered on the judicialbuilding steps Wednesday night for a rally. Patrick Mahoney, directorof the Christian Defense Coalition, asked people to raise their handsif they were willing to lie in front of the doors to keep themonument inside. Most hands went up.

Former presidential candidate Alan Keyes then gave a fiery speech,saying the efforts of courts and government to stifle religion muststop.

"This must end or freedom will end with it," Keyes said. "Nolonger can we tolerate this crime that is being done against ourmovement for almighty God."

Thompson has threatened $5,000-a-day fines if his order is ignoredafter the deadline. Attorneys who sued to force removal of themonument said they expect to file a contempt of court petitionagainst Moore that Thompson may consider Friday, setting the stagefor fines.

"It's time for Roy's rock to roll," said Ayesha Khan, an attorneyfor Americans United for Separation of Church and State, one of thegroups that sued.

Moore installed the monument two years ago in the middle of thenight after being elected chief justice amid publicity of his supportof the Ten Commandments. In Washington, one of Moore's attorneys,Phillip Jauregui, said the judge was sticking by his pledge to defyThompson's order.

"The statement that the chief made last Thursday still stands,"Jauregui said. Other Alabama officials could move the monument.

Moore's lawyers told the justices in a filing that Moore should beallowed to "establish justice by acknowledging the guidance and favorof Almighty God, placed upon him by his oath of office and theConstitution of Alabama."

"This case is not about a monument, it's not about politics orreligion, it's about the acknowledgment of God," Moore said. "We mustacknowledge God because our constitution says our justice system isestablished upon God."

The Supreme Court has never ruled on the constitutionality of suchgovernment displays.

An appeals court had twice refused to give Moore a stay, settingup the plea at the high court.

Moore already has asked the Supreme Court to consider whetherThompson overstepped his bounds in the case, and a second appeal ofthe ruling in the Ten Commandments case is expected. Those could takemonths to resolve.

AP