[Congressional Record Volume 143, Number 36 (Wednesday, March 19, 1997)]
[Senate]
[Page S2570]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SENATE CONCURRENT RESOLUTION 13--REGARDING A DISPLAY OF THE TEN
COMMANDMENTS
Mr. SESSIONS (for himself and Mr. Shelby) submitted the following
concurrent resolution; which was referred to the Committee on
Governmental Affairs:
S. Con. Res. 13
Whereas Judge Roy S. Moore, a lifelong resident of Etowah
County, Alabama, graduate of the United States Military
Academy with distinguished service to his country in Vietnam,
and graduate of the University of Alabama School of Law, has
served his country and his community with uncommon
distinction;
Whereas another circuit judge in Alabama, has ordered Judge
Moore to remove a copy of the Ten Commandments posted in his
courtroom and the Alabama Supreme Court has granted a stay to
review the matter;
Whereas the Ten Commandments have had a significant impact
on the development of the fundamental legal principles of
Western Civilization; and
Whereas the Ten Commandments set forth a code of moral
conduct, observance of which is universally acknowledged to
promote respect for our system of laws and the good of
society: Now, therefore, be it
Resolved by the Senate (the House of Representatives
concurring), That it is the sense of Congress that--
(1) the Ten Commandments are a declaration of fundamental
principles that are the cornerstones of a fair and just
society; and
(2) the public display, including display in government
offices and courthouses, of the Ten Commandments should be
permitted.
Mr. SESSIONS. Mr. President, I rise to send a resolution to the desk
on behalf of myself and my home state colleague Senator Shelby.
Mr. President, this concurrent resolution we are introducing today
expresses the sense of the Congress that the display of the Ten
Commandments in government offices and courthouses should be permitted.
This resolution is identical to House Concurrent Resolution 31,
sponsored by my good friend, Representative Aderholt, which passed the
House of Representatives on March 5, 295 to 125.
The Constitution guarantees freedom of religion. This resolution does
not endorse any one religion but, rather, states that a religious
symbol which has deep-rooted significance for our Nation and its
history should not be excluded from public display.
Mr. President, the Founders wisely realized that in a free society,
it is imperative that individuals practice forbearance, respect, and
temperance. These are the very values taught by all the world's major
religions. The Founders devised a Constitution that depended on
religion serving as a civilizing force in societal life. John Adams,
our second President, and one of the intellectual forces behind the
formation of our Nation, said that ``our Constitution was designed for
a moral and religious people only. It is wholly inadequate to any
other.''
But strangely today, there are those who seem determined to drive all
trace of religion from the public sphere. They ignore the religious
traditions on which this great Nation was founded and work to drive
religion and religious people out of public life.
Many of my colleagues are aware Judge Roy Moore, circuit court judge
in Gadsden, AL, has been ordered to take down a two-plaque replica of
the Ten Commandments displayed in his courtroom.
The irrationality of the action is highlighted by the fact that the
judge's display is consistent with other displays involving religious
symbols and art in our public property. In fact, a door to the U.S.
Supreme Court bears two tablets numbered one to ten, which we interpret
to represent the Ten Commandments. And yet a judge in a small Alabama
town cannot hang a simple display of the Ten Commandments on the wall
without being sued?
Mr. President, this resolution is not just about Judge Moore and it
is not just about the display of the Ten Commandments in Gadsden, AL.
This resolution provides a good opportunity to discuss this curious
governmental hostility towards the display of these plaques that are
important to our law, our Nation, and our culture.
The Ten Commandments represent a key part of the foundation of
western civilization of our legal system in America. To exclude a
display of the Ten Commandments because it suggests an establishment of
religion is not consistent with our national history, let alone common
sense itself. This Nation was founded on religious traditions that are
an integral part of the fabric of American cultural, political, and
societal life.
Mr. President, it is time for common sense. No member of this body,
on either side of the aisle, should oppose the simple display of
documents that are important to our law, to our Nation, and to our
culture.
Mr. SHELBY. Mr. President, I rise today to express support for Judge
Roy S. Moore. Judge Moore is a judge on the circuit court of the State
of Alabama. Judge Moore is a lifelong resident of Etowah County, a
graduate of the United States Military Academy, a distinguished veteran
of the Vietnam War, and a graduate of the University of Alabama School
of Law. Judge Moore has always and continues to serve his community,
Alabama, and this country with distinction and principle.
It is because of his principles that Judge Moore has become an issue.
Two years ago, Judge Moore was sued by the Alabama chapter of the
American Civil Liberties Union because he opened his court with a
prayer and because he displayed the Ten Commandments over his bench. A
lower court judge enjoined Judge Moore from praying before court
sessions and later barred his display of the Ten Commandments. The
Supreme Court of Alabama has since issued a stay of the order barring
display of the Ten Commandments.
Judge Moore has refused to acknowledge the orders which stop him from
praying and displaying the Ten Commandments. I support Judge Moore in
his actions. I do not believe that his convocation prayer or the
presence of the Ten Commandments in the courtroom violates the
Constitution.
As the Members of this body well know, a prayer, said from the floor
of this Chamber, begins every day in which the Senate is in session.
This practice is also followed in the House of Representatives.
Furthermore, the Marshal of the Supreme Court, in calling each session
to order, implores ``God {to} save the United States and this honorable
court.'' It has also become a tradition for Presidents to conclude
their State of the Union Addresses with the simple prayer, ``God Bless
America.'' I believe these are just a few of the many instances where
the Lord is invoked during civil ceremonies and occasions. I believe
that these examples are entirely appropriate and in line with the
provisions of the Constitution. I feel that our history teaches that
the Founding Fathers were against government making efforts to promote
specific religions at the expense of others. I do not think it was ever
the view of the Founders that the government should adopt a position of
Godless neutrality. It is constitutional, it is traditionally
appropriate and it is just simply right for our leaders to request the
assistance of God in their daily deliberations.
I believe that Judge Moore is also correct in refusing to remove the
Ten Commandments from his courtroom. The Judge's display is consistent
with other displays involving religious symbols and art in or on public
property. In fact, a door to the Supreme Court of the United States
bears two tablets numbered one to ten, which I interpret to represent
the Ten Commandments. Moreover, there are friezes within the Supreme
Court which depict Moses, King Solomon, Confucius, Mohammed, St. Louis
and a figure called ``Divine Inspiration.'' I believe that these
symbolic representations, just like Judge Moore's, are appropriately
placed within our public spaces. Their very presence provides guidance
and inspiration for our Nation's leaders.
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