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National Review
On The Right

Fight, God, Fight
William F. Buckley, Jr

New York, February 25, 1996

Judge Roy Moore of Alabama keeps a display of the Ten Commandments in his courtroom and -- you guessed it -- the American Civil Liberties Union has objected to the judge's taking that liberty. The minor judicial league -- in this case, the Alabama Supreme Court -- has issued a verdict: the judge can keep the Ten Commandments in the courtroom.

But of course an appeal has been filed, and, who knows, the Supreme Court may soon be deliberating whether the First Amendment to the Constitution, properly interpreted, denies the right of the judge to post the Mosaic code on government property. The contention is enlivened by the intervention of the governor of Alabama. Fob James says he will use force if necessary to keep the display in place. Thirty-five years ago an Alabama governor threatened to use force if necessary to forbid black Americans access to state colleges. Twenty years later the former governor repented this misdirection of political energy, citing the Christian mandate to brotherly concern. Students of progressive linear thought might ponder whether the resolution of Governor James is a sublimation of the instincts, matured, of Governor Wallace.

But the larger battle of the month was fought out in Milwaukee. Heather Knutson, 17, thought to greet Valentine's Day with a novel idea. She proposed to pass around pledge cards. Her fellow students would be invited to commit themselves to sexual chastity until marriage. Miss Knutson explained that she had read accounts of teenage pregnancy caused by promiscuity and thought to encourage public commitments to Say No. The pledge movement began under the rubric, True Love Waits.

Over fifty students had signed the pledge cards when the principal discovered that the pledge movement was tied in to the school's Christian Fellowship Group. This was shocking news. A clear violation of church/state, he ruled, forbidding any continuation of the pledge movement. Commenting on his action, the editorialist of the Las Vegas Review-Journal wrote under the heading, ``Shut Up and Take a Condom.'' Young Heather was approached by an attorney who agreed to take her case and, lo!, the federal judge ordered the school to cease and desist; and there the matter hangs, pending an appeal by the ACLU types to a higher court.

Now, the reason District Judge Rudolph Randa overturned the Valentine's Day interdict wasn't that he thought the church/state separation fanatics had simply gone too far. No, Miss Knutson's lawyer was quoted as saying, ``They gave us the rope to hang themselves.'' He argued that by forbidding the pledge solicitation the principal was depriving the Say No movement of its First Amendment right to free speech and that the only remedy against irrecoverable loss, given that Valentine's Day would be gone at midnight, February 14, was an order instantly overruling the principal. In other words, the court was able to effect that which was desired without tweaking the toes of the church/state fanatics.

It is instructive to wonder, What is it about the Ten Commandments brought down by Moses, or the sanction against fornication by Christianity, that contaminates an injunction to refrain from pre-marital sex? Nancy Reagan was famous for coining the commandment, Just Say No. If Miss Knutson had begun her True Love Waits movement citing Nancy Reagan as her sponsor presumably she would not have been molested by the authorities. Suppose -- just to suppose -- that Nancy Reagan were canonized. Would Heather be prohibited by the principal from advancing a cause initiated by St. Nancy?

Suppose that a new Dead Sea Scroll were to reveal that Moses, toward the end of his life, disowned the Ten Commandments. Would it then be okay to hang them on the wall of an Alabama courthouse?

The idiocies in the scene roil mind and heart. We learn from a biologist in Edinburgh that by clever use of DNA he can reproduce asexually an organism from a single ancestor. Bully for science! We can look forward, a generation from now, to all Marilyn Monroes over there, and all Abraham Lincolns over here, though who knows, there might be a free-market laboratory that will compete with all Adolf Hitlers.

What is the secular defense against such chemical riot? Simultaneously we are saving mankind from any biological use for man, and depriving mankind of eternal counsels.

(Universal Press Syndicate)

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Bible: "Pray In Closet" -- Not Courtroom

by Conrad Goeringer
from AANEWS by American Atheists

February 25, 1997

The heady and infectious virus of religious jingoism may spread. Recall that Alabama Governor Fob James has grabbed headlines for supporting prayer and the Ten Commandments in his state's courtrooms, especially that of Judge Roy Moore. James has now received a "letter of support" from South Carolina Gov. David Beasley, who told his Southern neighbor: "I wanted to let you know that I admire your stand and support your efforts wholeheartedly." Displaying his incredible ignorance, Beasley repeated the Christian Coalition refrain that "As governors, we swear to uphold the Constitution, and I believe that is just what you are doing. The ACLU and, sadly, some federal judges, apparently just cannot seem to understand that the First Amendment does not require the removal of God from our courthouses and statehouses."

Beasley adds that he has a copy of the Ten Commandments posted outside his office door, "reminding me each day of the laws God handed down thousands of years ago ... to borrow one of your phrases, it would take the force of arms to remove my copy of the Ten Commandments -- and I would be right there on the front line!"

Both governors appear to be equally ignorant of their Bible verse, as well. Perhaps if they choose to ignore the First Amendment, or the writings of Thomas Jefferson on the need for a "Wall of Separation" between government and religion, they should better acquaint themselves with St. Matthew, Chapter 6, Verses 5-6:

"And when thou prayest, thou shalt not be as the hypocrites are; for they love to pray standing in the synagogues and in the corners of the streets, that they may be seen of men ... But thou, when thou prayest, enter into thy closet, and when thou has shut thy door, pray to they Father which is in secret; and thy Father which seeth in secret shall reward thee openly."

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Alabama Legislator:
Put Commandments
in Courts, Schools
by Conrad Goeringer
from AANEWS by American Atheists

February 26, 1997

The dispute over prayer and religious displays in Alabama public buildings, including the courtroom of embattled Judge Roy Moore, continues to heat up. On Tuesday, State Senator Roger Benford (D-Russellville) introduced legislation he says is intended to legalize the display of Ten Commandment plaques in courtrooms and school classrooms throughout the state. The bill would permit "prominent display" of the Decalogue along with reproductions of the U.S. Constitution and the Declaration of Independence. He told reporters: "As a conservative Christian, I support Judge Moore's decision to display the Ten Commandments," and noted that his proposal supports the right of free speech and religion. The bill provides that "the exercise of these rights" did not indicate sanction or approval by the state of Alabama or any government authority under its jurisdiction.

According to the Birmingham Times, reaction from fellow legislators was mixed. Sen. Bobby Denton (D-Tuscumbia) said: "It may be better to leave these matters of religion and morality and things like that to individuals in their worship places." He also commented on Alabama Gov. Fob James' threat to call out the national guard, suggesting that "the governor probably spoke hastily ... I can't see troops being necessary to be sent to a courtroom."

But Benford's proposal drew enthusiastic support from Dean Young, a crony of Judge Moore and executive director of the Christian Family Association, the state affiliate of the fundamentalist American Family Association. "We need to put the Ten Commandments back in the classrooms," Young declared, adding that it was appropriate for the legislators to make such a law.

The Times noted that Benford's bill did not address the issue of Moore's practice of beginning official court sessions with a prayer invocation orchestrated by local Baptist clergymen.

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Judge Moore Says
"God" Not A Religion
Judge Moore On Theology
by Conrad Goeringer
from AANEWS by American Atheists

February 26, 1997

Meanwhile the man who started the current ruckus -- Judge Roy Moore of Etowah County -- insists that the Ten Commandments plaque which he carved and displays on the walls of his chamber has nothing to do with religion but instead is meant to honor the "God of the Holy Bible." Moore made the remarks on the NBC "Today" show, insisting that "God's not a religion. If God was a religion, then every piece of money we have in our possession marked, "In God We Trust" would say "In Religion We Trust.'"

An attorney for the American Civil Liberties Union which is challenging Moore's prayer and Commandments posting on behalf of the Alabama Freethought Association, said that references to a deity on coins are "more general than Moore's practices in court," according to the Times.

Attorney Joel Sogol also made the provocative statement that "If Judge Moore opened his courtroom to all religions, it might be a different story ... Judge Moore by his actions has excluded a large portion of the American public."

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Georgia House Supports Moore
Office of the Clerk of the House

February 27, 1997

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Georgia House of Representatives - 1997 Session

HR 359 - Moore, Judge Roy; urge support

Page Numbers - 1/ 2
1. Joyce 1st 2. Davis 60th 3. Mills 21st 
4. Walker 87th 5. Lewis 14th 6. Franklin 39th 

House Comm: Judy / Senate Comm: / House Vote: Yeas Nays Senate Vote: 
Yeas Nays ---------------------------------------- 
House Action Senate ---------------------------------------- 2/25/97 
Read 1st Time 2/27/97 
Read 2nd Time ---------------------------------------- Code Sections amended:
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HR 359 LC 22 2647ER 


 1- 1 Urging support for Judge Roy Moore; and for other purposes.
 1- 2 WHEREAS, the eyes of the nation are now on Alabama to see
 1- 3 whether Judge Roy Moore may legally display the Ten
 1- 4 Commandments in a courtroom; and
 1- 5 WHEREAS, the federal government and others could remove
 1- 6 these same Ten Commandments by actual force if the threat of
 1- 7 force does not accomplish their removal; and
 1- 8 WHEREAS, Alabama Governor Fob James, U.S. Senate Majority
 1- 9 Leader Trent Lott of Mississippi and many other leading
 1-10 citizens of our republic are resolved to support Judge Roy
 1-11 Moore until right and justice prevail; and
 1-12 WHEREAS, for several decades, the judicial branch of
 1-13 government has been increasingly inclined, not merely to
 1-14 strike down laws they deem unconstitutional, but to actually
 1-15 decide what the laws may be. To these ends, judges have
 1-16 actually seized control of local schools, drawn the
 1-17 districts from which representatives shall be elected, and
 1-18 outraged constitutional principles of separation of powers
 1-19 in other ways to such an extent as to establish a de facto
 1-20 judicial tyranny in disregard of the will of the people, our
 1-21 state, and the U.S. Constitution; and
 1-22 WHEREAS, the phrase "separation of church and state" does 
 1-23 not appear in the U.S. Constitution but merely serves as a 
 1-24 convenient way to explain that government has no right to 
 1-25 regulate churches and does not mean that churches may be 
 1-26 denied their traditional role in public life; and
 1-27 WHEREAS, the Ten Commandments are one of the great historic 
 1-28 sources of law and justice as understood in our society; and 
 1-29 WHEREAS, forcible removal of traditional symbols of our 
 1-30 Judeo-Christian heritage does, in fact, constitute religious 
 1-31 persecution; and
 1-32 WHEREAS, recognition that a majority of the American people 
 1-33 are Christian is merely a statement of fact. Doing so does 
 1-34 not insult or injure the legitimate rights of those of other 
 1-35 beliefs. Indeed, if the rights of the majority may be 


 2- 1 denied, the rights of every minority are at even greater 
 2- 2 risk; and
 2- 3 WHEREAS, tyrannical acts, committed by force or otherwise, 
 2- 4 against the will of the majority undermine respect for 
 2- 5 authority and provoke rightful anger against the government 
 2- 6 and its agents.
 2- 8 REPRESENTATIVES that Judge Roy Moore, Governor Fob James, 
 2- 9 Senator Trent Lott, and all other people of good will who 
 2-10 are defending the right of devout people to freely exercise 
 2-11 their beliefs deserve and will receive all possible support 
 2-12 from the government and people of the State of Georgia. 

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Office of the Clerk of the House
Robert E. Rivers, Jr., Clerk of the House
Last Updated on 07/29/97

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Alabama: Democrats Want
Congressional Prayer,
Religion In Schools
"They Are Trying To
Steal Our Issues!" laments GOP
by Conrad Goeringer
from AANEWS by American Atheists

February 28, 1997

The battle over prayer and the role of religion in government affairs took an ironic twist on Thursday when Democratic state senators called for a constitutional amendment that would sneak prayer back into public schools by making it part of a curriculum unit on American history and government. The disingenuous proposal has the backing of Lt. Governor Don Siegelman and 18 fellow Democrats in the Alabama state senate. The measure would require that all schools begin the day by having someone read a prayer, then spend up to 15 minutes discussing what Associated Press termed "the relationship of the Ten Commandments to America's civil and criminal laws, and why references to God are on American coins and in the Declaration of Independence and 'The Star Spangled Banner'."

The action comes in the midst of a growing debate throughout Alabama over Etowah Circuit Judge Roy Moore, and his controversial practice of posting a Ten Commandments plaque in his chambers and beginning judicial proceedings with an invocation, often delivered by a Baptist minister. In 1995, the American Civil Liberties Union filed suit on behalf of the Alabama Freethinkers Association to end the practices. Another Circuit judge has ruled that Moore must "cease and desist" the prayer ritual, and remove the Decalogue plaque which constitutes a "religious" statement. Moore is appealing the decision; and the Alabama Supreme Court has issued a stay pending its own ruling.

In the meantime, Gadsden, Alabama Atheist Alfred Faulkenberry -- who along with his wife, Carol, is an active member of the AFA -- refused earlier this week to pray during an invocation which was part of a jury organization session presided over by Judge Moore. Mrs. Faulkenberry said that she considered the prayer ritual to be unconstitutional and inappropriate.

The prayer battle in Alabama, however, is rapidly taking on a national dimension. Supporters of Judge Moore speak of reversing the trend of secularization, and religious groups throughout the nation are supporting the embattled jurist and efforts to protect prayer and other rituals in government.

Yesterday's legislative action in Montgomery was prompted, according to Lt. Governor Siegelman, by the fact that the prayer and Decalogue controversy "is an issue that has reached national attention."

"It's a way to get children to think about our heritage and the relationship God has to our forefather," he declared.

Republican Senator Larry Dixon of Montgomery lamented: "They (Democrats) are trying to steal our issues..."

There could be quick action on the proposal. The Alabama Senate Judiciary Committee could act on the measure as early as next Wednesday, and then face votes in both legislative houses. The prayer proclamation would then be placed on a ballot and a special state wide election called at an estimated cost of $2 million.

Siegelman told reporters that the cost was worth the effort, since "It's cheaper than calling out the National Guard." That statement was apparently in reference to the promise of Alabama Gov. Fob James, who supports Judge Moore and has threatened to call out the national guard, state police, and University of Alabama football team to resist any federal orders to end prayer in the courtrooms, or remove religious advertisements such as the Ten Commandments.

A Ruse?

Siegelman's proposal stipulates that the prayer to be read throughout the state's public schools would be one that had been offered already as part of the daily opening ceremony of the United States Congress; he predicted that the amendment would pass constitutional muster since the prayer and references to a deity are allegedly presented "in terms of historical significance and the relationship of those practices to what we do today." But critics note that in previous decisions dating back to 1963, the U.S. Supreme Court has noted that students in a classroom are a "captive audience," a situation which does not apply to elected representatives.

Attorney General Says Court Will Decide

Meanwhile, Alabama Attorney General Bill Pryor said yesterday that in his opinion, the case of Judge Moore will end in the state Supreme Court with what he called a "favorable ruling." He predicted that the American Civil Liberties Union would not pursue the case beyond the state level. He added that "The Ten Commandments are displayed in a historical setting in at least two places in the U.S. Supreme Court," and that the high court "has ruled that it is proper to begin sessions of the U.S. Congress, state legislatures and country commissions with prayer." He specifically cited the opening call "God save this honorable court."

"Some like to call that 'ceremonial deism'," opined Pryor, "but in the home where I grew up we would have called it a prayer."

God, Prayer Good For Votes?

The Alabama prayer flap is taking on distinctly partisan dimensions pitting Pryor, a Republican, against a Democratic party busy trolling for "family values" support. Pryor happened to be in Fort Payne to address the executive committee of the local GOP organization when he made the remarks about Judge Moore and his case. After defending the deity and the Ten Commandments, he added: "Who would have ever thought they would see the day that Republicans would win every state wide race in Alabama?"

Text Of Proposed Alabama Constitutional Amendment

As introduced yesterday, the proposal on prayer and religion in state schools reads:

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Pledge of Alliance Was
"God Free" Until 1954
by Conrad Goeringer
from AANEWS by American Atheists

February 28, 1997

I pledge allegiance to the Flag
of the United States of America
and to the Republic
for which it stands,
One Nation Indivisible,
with Liberty and Justice for All.

What missing from this Pledge?

Actually, nothing: the words "Under God," which many Americans consider to be an integral part of the Pledge of Allegiance were added in 1954 by an Act of Congress during the midst of the cold-war, in an era when god belief had become a litmus test of political loyalty. Atheism, or indeed any skepticism of religious belief, was incorrectly identified by Communism and the Russian threat.

But how did the inclusion of god-talk in the Pledge, or on our nation's money, really begin? Madalyn O'Hair discussed this little-known bit of American history in her 1974 book Freedom Under Siege, The Impact of Organized Religion on Your Liberty and Your Pocketbook (J.P. Tarcher, Inc., Los Angeles). In Chapter Two, titled "Chronicles of Sanctity: The Role of the Churches in American History," O'Hair wrote:

In the same year, Congress approved special mailing rates for all religious magazines, rates low than those given to any other group of organizations; the rates remain in effect today. On July 11, 1954, President Eisenhower signed Public Law 140, making it mandatory that all currency and coins bear the motto 'In God We Trust.' A year later, on July 30, 1956, he signed Public Law 851 replacing our national motto 'E Pluribus Unum' ('One Out of Many') with 'In God We Trust.'"

Other laws blending religion and government quickly followed. In 1964, while the Civil Rights law was winding through Congress, an amendment was attached to the effect that anyone discovered to be an Atheist could be discharged from public employment for that reason alone. It was known as the Ashbrooke amendment, and it actually cleared the House of Representatives before being narrowly nixed in the Senate. And on September 6, 1966, Congress enacted Public Law 89-554 which mandated any individual elected or appointed to office in civil service or the military to take an oath or declaration of allegiance with the phrase "So help me God." (These and other practices -- including the inclusion of religious graffiti on the nation's money supply -- were challenged by Madalyn O'Hair, and later by other Atheists and freethinkers -- with little or no success. Today, those unconstitutional practices are being cited as support for school prayer and other examples of blending government and religious ritual.)

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Alabama Judge Roy Moore:

Prayer, Commandments
Posting Continue
Controversy Over Prayer and
Ten Commandments Could Re-ignite
When State Supreme Court Rules
by Conrad Goeringer
from AANEWS by American Atheists

March 3, 1997

It was a back-to-work Monday for Alfred Faulkenberry, an industrial engineer and resident of Gadsden, Alabama. Last week, the soft-spoken Atheist was in the media spotlight when he walked out of a courtroom prior to a prayer invocation led by a local Baptist preacher. Faulkenberry was taking a stand against embattled Etowah County Judge Roy Moore, and his disturbing practice of posting a Ten Commandments plaque in his chambers and beginning official judicial proceedings with a prayer.

Faulkenberry and his wife, Carol, are both members of the Alabama Freethought Society, the organization that in 1995 initiated a legal challenge to Judge Moore's blending of religious ritual and government business. Recently, another Judge ordered Moore to discontinue the prayer and remove the Decalogue plaque, citing both as violations of the Establishment Clause of the First Amendment. But the Alabama Supreme Court quickly intervened, putting a stay on that order until it rules on the merits of the case; in the interim, Judge Moore and other judges throughout the state continue using prayer in their courtrooms.

Last week, Al Faulkenberry was summoned for Jury duty at the Etowah County Courthouse, and appeared in an "organizing" session presided over by none other than Judge Roy Moore. When Moore presented a local Baptist clergyman to lead the group in collective prayer, Faulkenberry stood up, objected to the practice, and left the room for the duration of the ritual.

The battle over prayer and Ten Commandment posting in Judge Moore's court has fueled a debate about the role of religion in government throughout the state of Alabama; indeed, the issue has attracted interest elsewhere as well. In the statehouse in Montgomery, Alabama, legislation has been introduced by Lt. Governor Don Siegelman and 18 Democrats that would require public schools to devote 15 minutes at the beginning of each day for prayer and "discussion" on what Associated Press has described as "the relationship of the Ten Commandments to America's civil and criminal laws, and why references to God are on American coins and in the Declaration of Independence and 'The Star Spangled Banner.'"

State Court Will Rule

Al Faulkenberry said earlier today that he expects the Alabama Supreme Court to rule on the matter within the next three to six months. "They'll probably uphold the practices," he said. "If they go by the law they can't but they can express their opinions over the law." Faulkenberry added that "95 percent of the people in this state appear to want prayer, so judges and the politicians are all trying to follow public opinion instead of the rules of the republic. That's not protecting anybody's rights."

When Faulkenberry returned to work today, there was a printed poster attached to his office door reading "God Still Loves You, John 3:16." That Bible verse reads: "For God so loved the world, that he gave his only begotten Son, that whosoever believeth in him should not perish, but have everlasting life." "John 3:16" is often put on banners displayed by proselytizers during public events such as athletic contests. It's doubtful, though, that the verse will have much effect on Al Faulkenberry, who had serious doubts concerning religion as a child.

"I remember when I was about five," he said. "I was taken to church and remember hearing a sermon that scared you so much with the prospect of going to hell that people were hanging on to their seats!"

At home, Al and wife Carol have received two pieces of mail over the weekend, both consisting of envelopes stuffed with religious tracts. But he does have the satisfaction of upstaging Judge Moore, who has tried to use media coverage over the prayer and Ten Commandments issue as a pulpit.

"This was supposed to be Moore's day in the sun, but it hasn't turned out that way," muses Faulkenberry. "Last week when I walked out of the courtroom, Moore was hardly mentioned. And most editorials in newspapers in this area don't support what Moore and Governor James are trying to do, keeping prayer and the Ten Commandments in government buildings."

Mr. Faulkenberry also insists that if called for jury duty, "I'll walk out again if they include prayer. If they skip the prayer, I'll stay."

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H. Con. Res. 31

House Resolution
On Decalogue Passes
from the Congressional Record
prepared by Cliff Walker

Scarborough and Sterns
of Florida Revise History;
Jackson-Lee of Texas Opposes
from the Congressional Record

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Judge Moore
Praises House Resolution
on Ten Commandments
by Conrad Goeringer
from AANEWS by American Atheists

March 6, 1997

The United States House of Representatives yesterday passed a resolution supporting the display of the Ten Commandments in government buildings by a 295-125 vote margin. The action drew immediate praise from Alabama Circuit Court Judge Roy Moore, whose practice of beginning judicial sessions with Baptist prayer and displaying a hand carved plaque of the Decalogue has prompted both support and criticism, as well as a suit from the American Civil Liberties Union on behalf of the Alabama Freethought Society.

Following word of Wednesday's non-binding resolution, Moore gushed: "It's not about me ... This is about the recognition of God in our society and the recognition of a higher law and whether or not we're bound by a higher law as stated in our Declaration of Independence."

The resolution was introduced by Rep. Robert Aderholt, a Republican member of congress from the Etowah County district where Judge Moore presides. The vote also drew enthusiastic praise from Stuart Roth, the Alabama legal director for Pat Robertson's American Center for Law and Justice. He predicted that the resolution will affect the Alabama prayer and Decalogue case which is now under review by the state Supreme Court.

"One of the claims we will make," said Roth, "and it has been made, is that there is a long standing historical precedent for the Ten Commandments" in public venues. He also opined that the Decalogue display was "clearly constitutional" and said that Judge Moore should be "respected and admired" for his support of courtroom prayer and religious graffiti. "It's unfortunate that he's come under fire for expressing his beliefs, Roth told the Gadsden (Alabama) Times.

Meanwhile, opposition to Moore's cause and the resolution came from some unlikely quarters. Yesterday, Republicans in the Alabama state capitol at Montgomery began to organize in opposition to Democratic plans to enact bill supporting Judge Moore. Representative Larry Sims blasted a proposal introduced earlier by Democratic Senator Roger Bedford which would permit the display of the Ten Commandments in school classrooms and courtrooms. "In my opinion these two bills are a knee-jerk reaction to a wet finger in the political wind," declared Sims. He noted that the Senate bills were promptly approved by the state Senate Judiciary Committee which Mr. Bedford happens to chair. Sims told reporters that the legislation, were it to pass, would simply invite further lawsuits.

Faulkenberry Skeptical

Carol Faulkenberry, a member of Alabama Freethought Society, said afternoon that "Republicans in the state are worried that the Democrats are just stealing their issues and horning in for the next election." She also continued to wonder why so many Christians in her state had gotten "so worked up" over the Ten Commandments. "The Ten Commandments weren't even invented by Christians," she said. "They're a Jewish law, and the Christians worship a god that the Jews don't even recognize."

She also wondered what might happen to Alabama, and the rest of the country, if all were to follow the Decalogue. "What would happen if we did make the Ten Commandments the law of the land like Judge Moore says? People break the rules every day, and the commandments declare the Sabbath, which in the Bible is on Saturday." Faulkenberry asked: "How long would it take our economy to collapse?"

She was also critical of Judge Moore. "He's always talking about recognizing god and higher law. He must have that tape recorded inside or something."

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