TEN COMMANDMENTS CASES

In recent months, a number of people have inquired whether Liberty Counsel is involved in the defense of the Ten Commandments case on behalf of Judge Roy Moore, and if not, why not? In order to clarify our position, we will list some of the frequently asked questions.

Does Liberty Counsel represent Judge Roy Moore in the Alabama Ten Commandments case?

No. Judge Moore is being represented by his own private attorneys.

Why do you not represent Judge Moore?

Shortly after Judge Moore placed the Ten Commandments monument in the courthouse and then faced a threat of a lawsuit, Liberty Counsel conveyed a message to Judge Moore that we would be interested in representing him pro bono. We received a call from his private attorney, who has represented him on many issues for a number of years, and were told that he already had representation. We offered our assistance and sent a lengthy memorandum that we had prepared on the Ten Commandments, which overviewed American history and legal precedent regarding how the Ten Commandments had profoundly influenced American law and government. Although Judge Moore used private attorneys, the week before the trial, we received a call to consult with one of the attorneys in preparation for the trial. We consulted on a few matters and offered our continued assistance. Other than the limited information provided through our memorandum and verbal consulting, we were not requested nor invited to participate in any other manner.

Do you support Judge Roy Moore?

I had the pleasure of meeting Judge Moore several years ago when the first Alabama Ten Commandments case involving his courtroom erupted. Judge Moore is a man of principle and integrity. Contrary to some liberal media reports that he is merely trying to grandstand in order to run for political office, I believe that Judge Moore is standing on his firm convictions of what is right and that he does not have any ulterior motives such as the liberal media have portrayed. Liberty Counsel has long advocated that public displays of the Ten Commandments are constitutional, because there is no question that the Ten Commandments have profoundly influenced American law and government.

Is Liberty Counsel involved in any Ten Commandments cases?

Currently we are defending ten separate Ten Commandments cases throughout the country. Some of our cases include stand-alone Ten Commandments, and others include the Ten Commandments in the context of other historical and legal documents. We have successfully won both a stand-alone Ten Commandments case and a Ten Commandments display in the context of historical documents. The stand-alone Ten Commandments case is Van Orden v. Perry. This Ten Commandments case involves a monument on the State Capitol grounds in Austin, Texas. Liberty Counsel filed an amicus brief at the trial level, and the case is now pending before the federal appellate court where we also filed a second amicus brief. In the other nine cases we represent the governmental parties directly. In the case of ACLU of Kentucky v. Mercer County, the federal court found the Ten Commandments display in the context of historical documents constitutional. The ACLU appealed that case, and it is presently before the Sixth Circuit Court of Appeals. We have three other Ten Commandments cases currently pending before the Sixth Circuit Court of Appeals. We conducted oral arguments in December of 2002 and are awaiting a decision. These include ACLU of Kentucky v. McCreary County, ACLU of Kentucky v. Pulaski County, and ACLU of Kentucky v. The Harlan County School Board. Other current Ten Commandments cases that we are involved in include ACLU of Kentucky v. Grayson County, ACLU of Kentucky v. Rowan County, ACLU v. Rutherford County, Tennessee, Books v. Elkhart County, Indiana and Turner v. Habersham County, Georgia.

In addition to the victories that we received in the Mercer County case and the Van Orden case, this year the Third Circuit Court of Appeals upheld the display of the Ten Commandments embedded in the side of a courthouse, and another Pennsylvania court also upheld the Ten Commandments display in a courthouse. Thus, within the last twelve months, there have been four separate federal courts that have upheld the display of the Ten Commandments.

Liberty Counsel has been very active in defending the Ten Commandments, and we were the first organization to utilize David Barton of Wall Builders and Bill Federer of AmeriSearch to file extensive affidavits detailing the historical influence of the Ten Commandments in America. One of these affidavits has been turned into a book by Mr. Federer, and another one is in the process of being turned into a book by David Barton. These affidavits have received wide circulation throughout the country, and we have converted them to an amicus brief for wide use throughout America. Liberty Counsel is one of the foremost public interest litigation firms in the country defending the display of the Ten Commandments. We have extensive litigation history and a series of successes in our endeavors.

For more information on the Ten Commandments, click here.

September 8, 2003