The Ten Commandments Controversy: The Suspension of Alabama Chief Justice Roy Moore

On August 22, 2003 Alabama Chief Justice Roy Moore (R) was suspended from his role leading the Alabama judiciary because he refused a federal court to remove a rock inscribed with the Ten Commandments from the lobby of the Alabama Supreme Court Building.

The unprecedented event sent shockwaves through legal, political, and religious communities across the country and has influenced the debate on both when, where and even if government is allowed to acknowledge God; and even if there are any constitutional limits on federal judiciary authority over state government

The suspension of Moore and the subsequent removal of Alabama's Ten Commandments Monument was the culmination of months of legal battles, public demonstrations, and impassioned debates over the proper place of religious symbols in government buildings.

In the summer of 2001, shortly after taking office as Chief Justice, Justice Moore oversaw the installation of a 5,280-pound granite monument depicting the Ten Commandments in the rotunda of the Alabama Judicial Building in Montgomery. Moore was a devout Christian and had gained national notoriety as a circuit judge by refusing to remove a ten commandments plaque from the wall of his court room. Chief Justice Perry O. Hooper Sr, retired in 2000, as Alabama does not permit judges to serve past the age of 70. Moore – by this time the best known Judge in the state ran for the open office promising that if elected he would place a Ten Commandments display in the building of Alabama's highest court.

Moore, true to his word, installed his monument in the Alabama Judicial Building. Chief Justice Moore, rather than putting up a simple plaque made the decision to instead go with the much more robust granite monument. Moore said that the monument was a tribute to the moral foundation of law and a reminder of the principles upon which the American legal system was built. Moore asserted that he had a right and a duty "to acknowledge God" and the role that He has played in the history of this country.

Militant atheists and Moore's political opponents were not amused.

The American Civil Liberties Union (ACLU) of Alabama and Americans United for Separation of Church and State filed lawsuits arguing that the display violated the Establishment Clause of the First Amendment, which prohibits government endorsement of religion. The case went to federal court.

On November 2002 U.S. District Judge Myron Thompson (a Jimmy Carter appointee who has consistently ruled against conservative laws and the state of Alabama his entire career) ruled that the monument had to be removed from public view within the judicial building.

Judge Thompson found that the monument's display was an endorsement of religion and thus incompatible with the constitutional requirement of government neutrality toward faith. He gave Moore a deadline to comply with his order. Chief Justice Moore filed an appeal of the decision and refused to comply with the federal court order,

Moore maintained that the monument was a legitimate acknowledgment of the nation's religious heritage and that he as the elected Chief Justice of the State of Alabama had the authority to judge to move the monument while his case was on appeal.

Soon hundreds of Christian conservatives descended on the state capital to picket around the Alabama Judicial building, holding prayer vigils and waving banners inscribed with biblical verses. Many argued that the removal of the monument would constitute an attack on religious freedom and a repudiation of the moral values upon which they believed the nation was founded.

Opponents of the monument believed in a strict "Separation between Church and state" and argued that the Supremacy Clause of the Constitution gives any federal authority, even a single district judge, supremacy over the Alabama court system or any other state authority.

The debate reflected broader cultural divisions over the role of religion in public life, with both sides claiming to defend the true meaning of the First Amendment.

By 2003, while Democrats (largely through gerrymandering) still held majorities in both Houses of the Alabama Legislature, and there was a Democratic Lieutenant Governor (Lucy Baxley), Republicans were clearly gaining in political ascendancy in Alabama. Moore's tiff with the federal courts threatened to divide the Alabama Republican Party with social conservatives clearly on the side of Moore and GOP centrists and corporate interests horrified that this was making national headlines. The George W. Bush (R) administration, fearing a wider rift in the GOP base ahead of the 2004 election, put pressure on Governor Bob Riley and Alabama Attorney General Bill Pryor (both Republicans) to end this.

The Suspension of Chief Justice Moore

As Moore continued to defy the federal court order, the crisis came to a head. On August 22, 2003, the Alabama Judicial Inquiry Commission suspended Moore from his position as Chief Justice for refusing to carry out a directive of the federal court. The suspension was a denunciation of Moore's disobedience and a bowing of the knee to the authority of the federal courts.

Following Moore's suspension, the other eight justices of the Alabama Supreme Court voted unanimously to remove the monument themselves, ensuring compliance with Judge Thompson's ruling. Governor Riley did not intervene on Moore's behalf and AG Pryor argued before the Court of the Judiciary for Moore's removal from office.

President Bush rewarded Pryor with an appointment to the 11th Circuit Court of Appeals. Moore challenged Riley in the 2006 gubernatorial election, but lost 306,695 to 153,354.

Riley appointed insurance executive Drayton Nabors to replace Moore as Chief Justice; but he was defeated in the general election by Sue Bell Cobb. Riley went on to defeat Lucy Baxley in the general election; but the bitter rift between Alabama Christian conservatives and more business minded GOP centrists likely contributed to lower GOP turnout and Republicans failing to significantly increase their majorities in either house of the Alabama Legislature, postponing the turnover of power to Republicans until 2010.

Moore ran for Governor again in 2010, but finished fourth behind former State Senator Bradley Byrne, State Representative Robert Bentley (who went on to win the runoff and the general election), and businessman Tim James.

Moore was elected Chief Justice again in 2012 but was suspended by the Judicial Inquiry Commission again in 2016 – this time for not ordering Alabama probate judges to issue marriage license to same sex couples. After losing his appeal before the Court of the Judiciary, he ultimately retired to run for U.S. Senate, where he won the Republican primary but lost the special general election to former U.S. Attorney Doug Jones (D). Moore. Moore is the last Republican to lose a statewide election in Alabama since Lucy Baxley defeated Twinkle Andress Cavanaugh in the 2008 election.

The removal of the monument did not end the broader national debate over religious displays in public spaces. Similar disputes over religious displays have continued to flare across the country, as communities grappled with questions about the public expression of faith, the interpretation of the Establishment Clause, and the limits of individual conscience in public office.

A new more conservative U.S. Supreme Court has increasingly favored religious plaintiffs, especially in cases involving government neutrality versus religious expression. The older Lemon test (requiring secular purpose, no advancement/inhibition of religion, and no excessive entanglement) has been replaced by a focus on historical practices and understandings. This new interpretation of the Constitution by the High Court would likely undermine Thompson's ruling if the case were heard today. This shift has emboldened some states to pass laws mandating religious displays, such as the Ten Commandments in classrooms. The Alabama House of Representatives passed a Ten Commandments in the classroom bill by Rep. Mark Gidley (R-Hokes Bluff) in 2025; but that failed in the Senate due to a logjam of legislation.

As in 2003, the debate continues to evolve, reflecting changes in the nation's political, religious, and cultural landscape.