[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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