Stories We Will Still Have to Write in 2012

 

by WALTER and ROSEMARY BRASCH

 

In January 2009, with a new president about to be inaugurated, we wrote a column about the stories we preferred not having to write, but knew we would. Three years later, we are still writing about those problems; three years from now, we’ll still be writing about them.

We had wanted the U.S. Department of the Interior to stop the government-approved slaughter of wild horses and burros in the southwest, but were disappointed that the cattle industry used its money and influence to shelter politicians from Americans who asked for compassion and understanding of  breeds that roamed freely long before the nation’s “Manifest Destiny.”

We wanted to see the federal government protect wolves, foxes, and coyotes, none of whom attack humans, have no food or commercial value, but are major players in environmental balance. But, we knew that the hunting industry would prevail since they see these canines only as competition.

We wanted to see the Pennsylvania legislature stand up for what is right and courageously end the cruelty of pigeon shoots. But, a pack of cowards left Pennsylvania as the only state where pigeon shoots, with their illegal gambling, are actively held.

For what seems to be decades, we have written against racism and bigotry. But many politicians still believe that gays deserve few, if any, rights; that all Muslims are enemy terrorists; and publicly lie that Voter ID is a way to protect the integrity of the electoral process, while knowing it would disenfranchise thousands of poor and minority citizens.

We will continue to write about the destruction of the environment and of ways people are trying to save it. Environmental concern is greater than a decade ago, but so is the ignorant prattling of those who believe global warming is a hoax, and mistakenly believe that the benefits of natural gas fracking, with well-paying jobs in a depressed economy, far outweigh the environmental, health, and safety problems they cause.

We will continue to write against government corruption, bailouts, tax advantages for the rich and their corporations, governmental waste, and corporate greed. They will continue to exist because millionaire legislators will continue to protect those who contribute to political campaigns. Nevertheless, we will continue to speak out against politicians who have sacrificed the lower- and middle-classes in order to protect the one percent.

We will continue to write about the effects of laying off long-time employees and of outsourcing jobs to “maximize profits.” Until Americans realize that “cheaper” doesn’t necessarily mean “better,” we’ll continue to explain why exploitation knows no geographical boundaries.

The working class successfully launched major counter-attacks against seemingly-entrenched anti-labor politicians in Wisconsin, Ohio, and other states. But these battles will be as long and as bitter as the politicians who deny the rights of workers. We will continue to speak out for worker rights, better working conditions, and benefits at least equal to their managers. We don’t expect anything to change in 2012, but we are still hopeful that a minority of business owners who already respect the worker will influence the rest.

There are still those who believe education is best served by programs manacled by teaching-to-the-test mentality, and are more than willing to sacrifice quality for numbers. We will continue to write about problems in the nation’s educational system, especially the failure to encourage intellectual curiosity and respect for the tenets of academic integrity.

Against great opposition, the President and Congress passed sweeping health care reform. But, certain members of Congress, all of whom have better health care than most Americans, have proclaimed they will dismantle the program they derisively call “Obamacare.”

During this new year, we will still be writing about the unemployed, the homeless, those without adequate health coverage—and against the political lunatics who continue to deny Americans the basics of human life, essentials that most civilized countries already give their citizens.

We had written forcefully against the previous president and vice-president when they strapped on their six-shooters and sent the nation into war in a country that posed no threat to us, while failing to adequately attack a country that housed the core of the al-Qaeda movement. We wrote about the Administration’s failure to provide adequate protection for the soldiers they sent into war or adequate and sustained mental and medical care when they returned home. The War in Iraq is now over, but the war in Afghanistan continues. The reminder of these wars will last as long as there are hospitals and cemeteries.

We had written dozens of stories against the Bush–Cheney Administration’s belief in the use of torture and why it thought it was necessary to shred parts of the Constitution. We had hoped that a new president, a professor of Constitutional law, would stop the attack upon our freedoms and rights. But the PATRIOT Act was extended, and new legislation was enacted that reduces the rights and freedoms of all citizens. At all levels of government, Constitutional violations still exist, and a new year won’t change our determination to bring to light these violations wherever and whenever they occur.

The hope we and this nation had for change we could believe in, and which we still hope will not die, has been minced by the reality of petty politics, with the “Party of No” and its raucous Teabagger mutation blocking social change for America’s improvement. We can hope that the man we elected will realize that compromise works only when the opposition isn’t entrenched in a never-ending priority not of improving the country, but of keeping him from a second term. Perhaps now, three years after his inauguration, President Obama will disregard the disloyal opposition and unleash the fire and truth we saw in the year before his election, and will speak out even more forcefully for the principles we believed when we, as a nation, gave him the largest vote total of any president in history.

We really want to be able to write columns about Americans who take care of each other, about leaders who concentrate upon fixing the social problems. But we know that’s only an ethereal ideal.  So, we’ll just have to hope that the waters of social justice wear down, however slowly, the jagged rocks of haughty resistance.

 [Dr. Walter Brasch is an award-winning social issues columnist, former newspaper investigative reporter and editor, and journalism professor. His latest book is Before the First Snow, a social issues mystery novel. Rosemary Brasch is a former secretary, Red Cross national disaster family services specialist, labor activist, and university instructor of labor studies.]

 

 

 

One Jew’s Christmas

 

 

by Walter Brasch

 

I am a Jew.

I don’t mind receiving Christmas cards or being wished a “Merry Christmas” from friends, clerks, or even in junk mail trying to sell me something no sane person should ever buy. My wife and I even send Christmas cards, with messages of peace and joy, to our friends who are Christians or who we don’t know their religion.

I like Christmas music and Christmas carolers, even if some have voices that crack now and then, perhaps from the cold.

At home, from as early as I could remember, my family bought and decorated a Christmas tree, and gave gifts to each other and our friends. Usually we put a Star of David on the tree, undoubtedly an act of heresy for many Jews and Christians. We learned about Christmas—and about Chanukah, the “feast of lights,” an eight day celebration of joy and remembrance of the rededication of the Temple of Jerusalem at a time when it seemed as if a miracle had saved the Jews from darkness during the Maccabean revolt in the second century BCE.

This year, my wife and I have a two-foot tall cypress tree, decorated with angels and small LED lights, a gift from a devout Christian. We weren’t offended by the gift; we accepted it and displayed it on a table in our dining room in the spirit of friendship. In Spring, we’ll plant the tree in our backyard and hope it grows strong and tall, giving us shade and oxygen, perhaps serving as a sanctuary for birds, squirrels, and other wildlife.

What I do mind is the pomposity of some of the religious right who deliberately accost me, often with an arrogant sneer on their lips, to order me to accept their “well wishes” of  a “Merry Christmas.” Their implication is “Merry Christmas—or else!” It’s their way of saying their religion is the one correct religion, that all others are wrong.

 The problem is that although I am secure in my beliefs and try to understand and tolerate other beliefs, the extreme right is neither secure nor does it tolerate difference or dissent.

Right wing commentators at Fox News are in their final week of what has become a holiday tradition of claiming there is a “War on Christmas.” The lies and distortions told by these Shepherds of Deceit, and parroted by their unchallenging flock of followers, proves that at least in this manufactured war, truth is the first victim.

 The Far-Right-But-Usually-Wrong claim that godless liberals are out to destroy Christmas, and point to numerous examples, giving some facts but never the truth.  

They are furious that many stores wish their customers a “Happy Holiday” and not a “Merry Christmas,” unable to understand that sensitivity to all persons’ religions isn’t some kind of heresy. The ultra-right American Family Association even posts lists of stores that are open on Christmas, have their clerks wish customers a “Happy Holiday,” and don’t celebrate Christmas the way they believe it should be celebrated. (Of course, the AFA doesn’t attack its close ally, the NRA, which on its website wishes everyone “Happy Holidays.”)

Because of their own ignorance, they have no concept of why public schools may teach about Christmas or even have students sing carols but can’t put manger scenes on the front lawn. Nevertheless, the Extremists of Ignorance and Intolerance parade the Constitution as their own personal shield, without having read the document and its analyses, commentaries, and judicial opinions that define it, and can’t understand there is a strict separation of church and state. The Founding Fathers, especially Franklin and Jefferson, were clear about that. They were also clear that this is a nation where a majority of its people professes to be Christians, but it is not a “Christian nation.” There is a distinct difference.

The ultra-right—some of whom stanchly believe Barack Obama is not only a Muslim but wasn’t even born in the U.S—follow the guiding star of Fox to wrongly claim that the President Obama hates Christianity so much that he won’t even put up a Christmas tree but calls it a “holiday tree.” Perhaps they were too busy imbibing the bigotry in their mugs to know that the President and his family helped light the National Christmas Tree near the White House, wished Americans a “Merry Christmas,” and even told a bit about what Christians believe is a divine birth.

When confronted by facts, these fundamentalists point out that the Puritans, the ones who fled England for religious freedom, demanded adherence to a strict code of Protestant principles—and if it was good enough for the first American “citizens,” it’s good enough for the rest of us. What they never learned, obviously, is that the Puritans banned Christmas celebrations, declaring them to be pagan festivals.

If the Fox pundits, leading their sheep into the abyss of ignorance in a counter-attack in a war that doesn’t exist, would take a few moments to think before blathering inanities, they might realize that the man they worship was called “the Prince of Peace” not the “General of War.”

[Walter Brasch is an award-winning syndicated columnist and multimedia producer. His latest book is the mystery novel, Before the First Snow.]

           

 

 

Banning the First Amendment

 

 

by WALTER BRASCH

 

Parents demanded it be banned.

School superintendents placed it in restricted sections of their libraries.

It is the most challenged book four of the past five years, according to the American Library Association (ALA).

“It” is a 32-page illustrated children’s book, And Tango Makes Three, by Peter Parnell and Justin Richardson, with illustrations by Henry Cole. The book is based upon the real story of Roy and Silo, two male penguins, who had formed a six-year bond at New York City’s Central Park Zoo, and who “adopted” a fertilized egg and raised the chick until she could be on her own.

Gays saw the story as a positive reinforcement of their lifestyle. Riding to rescue America from homosexuality were the biddies against perversion. Gay love is against the Bible, they wailed; the book isn’t suitable for the delicate minds of children, they cried as they pushed libraries and schools to remove it from their shelves or at the very least make it restricted.

The penguins may have been gay—or maybe they weren’t. It’s not unusual for animals to form close bonds with others of their same sex. But the issue is far greater than whether or not the penguins were gay or if the book promoted homosexuality as a valid lifestyle. People have an inherent need to defend their own values, lifestyles, and worldviews by attacking others who have a different set of beliefs. Banning or destroying free speech and the freedom to publish is one of the ways people believe they can protect their own lifestyles.

During the first decade of the 21st century, the most challenged books, according to the ALA, were J.K. Rowling’s Harry Potter series, apparently because some people believe fictionalized witchcraft is a dagger into the soul of organized religion. Stephanie Meyer’s Twilight series was the 10th most challenged in 2010. Perhaps some parents weren’t comfortable with their adolescents having to make a choice between werewolves and vampires.

Among the most challenged books is Ray Bradbury’s Fahrenheit 451, the vicious satire about firemen burning books to save humanity. Other books that are consistently among the ALA’s list of most challenged are Brave New World (Aldous Huxley), The Chocolate War (Robert Cormier), Of Mice and Men (John Steinbeck), I Know Why the Caged Bird Sings (Maya Angelou), Forever (Judy Blume), and The Adventures of Huckleberry Finn (Mark Twain), regarded by most major literary scholars as the finest American novel.

Name a classic, and it’s probably on the list of the most challenged books. Conservatives, especially fundamental religious conservatives, tend to challenge more books. But, challenges aren’t confined to any one political ideology. Liberals are frequently at the forefront of challenging books that may not agree with their own social philosophies. The feminist movement, while giving the nation a better awareness of the rights of women, wanted to ban Playboy and all works that depicted what they believed were unflattering images if women. Liberals have also attacked the works of Joel Chandler Harris (the Br’er Rabbit series), without understanding history, folklore, or the intent of the journalist-author, who was well-regarded as liberal for his era.

Although there are dozens of reasons why people say they want to restrict or ban a book, the one reason that threads its way through all of them is that the book challenges conventional authority or features a character who is perceived to be “different,” who may give readers ideas that many see as “dangerous.”

The belief there are works that are “dangerous” is why governments create and enforce laws that restrict publication. In colonial America, as in almost all countries and territories at that time, the monarchy required every book to be licensed, to be read by a government official or committee to determine if the book was suitable for the people. If so, it received a royal license. If not, it could not be printed.

In 1644, two decades before his epic poem Paradise Lost was published, John Milton wrote a pamphlet, to be distributed to members of Parliament, against a recently-enacted licensing law. In defiance of the law, the pamphlet was published without license. Using Biblical references and pointing out that the Greek and Roman civilizations didn’t license books, Milton argued, “As good almost kill a man as kill a good book; who kills a man kills a reasonable create [in] God’s image,” he told Parliament, “but he who destroys a good book kills reason itself, kills the image of God.” He concluded his pamphlet with a plea, “Give me the liberty to know, to utter, and to argue freely according to conscience, above all liberties.”

A century later, Sir William Blackstone, one of England’s foremost jurists and legal scholars, argued against prior restraint, the right of governments to block publication of any work they found offensive for any reason.

The arguments of Milton and Blackstone became the basis of the foundation of a new country, to be known as the United States of America, and the establishment of the First Amendment.

Every year, at the end of September, the American Library Association sponsors Banned Book Week, and publishes a summary of book challenges. And every year, it is made more obvious that those who want to ban books, sometimes building bonfires and throwing books upon them as did Nazi Germany, fail to understand the principles of why this nation was created.

[Walter Brasch was a newspaper and magazine reporter and editor before becoming a professor of mass communications, with specialties in First Amendment and contemporary social issues. His current book is the mystery novel, Before the First Snow, a look at the 1960s, and how issues unresolved during those years are affecting today’s society.]

 

         

         

 

 

Former Editor Sues Philadelphia Police for Constitutional Violations in Her Arrest

 

 

 

by WALTER BRASCH 

 

A former managing editor for the online newspaper, OpEdNews, has sued the city of Philadelphia and eight of its police officers for violating her Constitutional rights.

Cheryl Biren-Wright, Pennsauken, N.J., charges the defendants with violating her 1st, 4th, and 14th amendment rights. The civil action, filed in the U.S. District Court, Philadelphia, is based upon her arrest during a peaceful protest Sept. 12, 2009, at the Army Experience Center (AEC) in the Franklin Mills Mall.

According to the complaint, Biren-Wright, who was not a part of the demonstration but at the mall as a reporter-photographer, was arrested and charged with failure to disperse and conspiracy, second degree misdemeanors. The charges were subsequently dropped by the Philadelphia district attorney.

The Philadelphia police also arrested and charged six protestors with conspiracy and failure to disperse—Elaine Brower, 55, New York, N.Y.; Richie Marini, 35, Staten Island, N.Y.; Joan Pleune, 70, Brooklyn, N.Y.(one of the original Freedom Riders in 1961); Beverly Rice, 72, New York, N.Y.; Debra Sweet, 57, Brooklyn, N.Y.; and Sarah Wellington, 26, Piermont, N.Y. Two months after Biren-Wright’s case was dropped, the six protestors were found not guilty in Philadelphia Municipal Court.

Paul J. Hetznecker, who represented the six defendants in the criminal trial, and Biren-Wright in her civil suit, believes that police over-reaction to protestors, as well as their lack of knowledge or appreciation for Constitutional protections, may be “a systemic problem throughout the country.” Hetznecker says under Constitutional and state law, “There can not be an arbitrary and capricious decision to end the civil rights of the protestors.”

The civil suit complaint charges that police violated Biren-Wright’s First Amendment rights to “gather information . . . to cover a matter of public interest including the law enforcement activity in public places.” Actions by the police deprived her of 4th and 14th amendment rights that, according to the complaint, protect against “unreasonable search and seizure,” “loss of physical liberty,” and “freedom from excessive use of unreasonable and justified force.”

The suit lists six separate counts:

          ● Abridgement of her rights under the First Amendment to observe and record news in a public place.

          ● False arrest and imprisonment

          ● Use of excessive force by the police.

          ● False arrest under state law

          ● Common Law Assault under state law

          ● Failure of the City of Philadelphia to adequately train and supervise its police. The complaint charges that because of accepted practices, the defendants may have believed “that their actions would not be properly investigated by supervisory officers and that the misconduct would not be investigated or sanctioned, but would be tolerated.” The policy, according to the complaint, “demonstrates a deliberate indifference on the part of the policymakers of the City of Philadelphia, to the constitutional rights of persons within the City, and were the cause of the violations of the Plaintiff’s rights. . . .”

Named in the suit in addition to the City of Philadelphia are Lt. Dennis Konczyk, officers Tyrone Wiggins, John Logan, Robert Anderson, Donald West, William Stuski, and two unnamed John Does.

The Philadelphia Police Department refused to comment about the suit as a matter of policy regarding “issues in court,” according to Jillian Russell, Department spokesperson.

 

In August 2008, the Army opened the AEC, a 14,500 square foot “virtual educational facility” with dozens of video games. The Center, deliberately located near an indoor skateboard park, replaced five more traditional recruiting offices, and was designated as a two-year pilot program. The initial cost was $12 million.

Army recruiters could not actively recruit children under 17, but could talk with the teens and answer any of their questions about the Army. Among the virtual games was one in which children as young as 13 could ride a stationary Humvee and shoot a simulated M-16 rifle at life-like video images of Muslims and terrorists.

Because of the emphasis upon war, and a requirement that all persons had to sign in at the center, thus allowing the recruiters to follow-up as much as four or five years later, peace activists began speaking out against the AEC.

To counter what was quickly becoming a public relations problem, the Army sent out news releases, picked up by the mainstream media, and established a full social media campaign to explain the “benefits” of the AEC. The protests continued.

Elaine Brower, whose son was in Iraq on his third tour of duty, told OpEdNews a day after her arrest: “The AEC is giving guns to 13-year-olds, drawing them in with violent video games. As more and more Afghan civilians and U.S. military are being killed in the U.S. occupation of Afghanistan, we’re saying ‘no’ to these wars. We’ve got to stop the flow of youth into the military, where they're being used to commit war crimes in our name.”

With a police permit, and escorted by officers from Philadelphia’s Civil Affairs Unit, about 200–250 protestors—most of them middle-aged or senior citizens, many of them veterans—had come to the AEC, believing their First Amendment rights were being protected. The protest, although noisy at times, was peaceful; the counter-demonstration wasn’t.

According to the complaint, “The counter-demonstrators [members of an organization known as The Gathering of Eagles] yelled, jeered and taunted the AEC protestors. At no time did [the police] direct, or attempt to limit the First Amendment activities of the counter-demonstrators,” nor were they ever told to disperse.

Throughout the demonstration, the protestors had not given any indication that they posed any physical threat to others. However, about 45 minutes after the demonstration began, the police, under direction of Lt. Konczyk, ordered the protestors to disperse.

At that point, Biren-Wright, according to the complaint, “placed herself outside the immediate area . . . so as not to interfere with the police activity.” She continued to photograph and report on the demonstration. The complaint charges that Lt. Konczyk, “without just cause or legal justification,” directed several officers to arrest her, walking past several protestors and counter-demonstrators. She says she told the officers she was a member of the press. At no time, she says, did she participate as a demonstrator nor verbally or physically threaten anyone. The officers, says Biren-Wright, arrested her without any warning. The arresting officer’s “degree of anger—he was clearly red-faced—was inappropriate,” she recalls. The police, says Biren-Wright, “were clearly targeting me, trying to keep me from recording the demonstration and their reactions.”

One officer, says Biren-Wright, “unnecessarily twisted my arm.” Another officer seized her camera and personal items. One of the officers put plastic cuffs on her wrists “so tight that it caused significant pain, swelling and bruising, and an injury that lasted for several weeks,” according to the complaint.

Biren-Wright’s 15-year-old daughter was shopping in the mall during the protest, but had reunited with her mother shortly before the arrests. Her daughter, says Biren-Wright, “came closer upon the arrest and I told the officer she was my daughter and a minor and would be alone.” The officer, says Biren-Wright, snapped, “You should have thought of that before.” At the processing center that police had previously set up at the mall, Biren-Wright told several officers that he r daughter was alone in the mall and was from out of state. “None of them did anything to ensure her safety,” she says. The daughter, unsupervised, eventually found Rob Kall, OpEdNews editor, who drove her to the jail to take her mother’s keys and then drove her home, where she spent the night alone.

Outside the mall, counter-protestors shouted obscenities as those arrested boarded the police bus. “They were standing at the door to the bus,” says Biren-Wright, “and posed a safety issue to us since we were in handcuffs.”

The six who were arrested and Biren-Wright were initially taken to the 15th District jail. Richie Marini, the lone male arrested, was kept at the district jail. The six women were transferred to the jail at the jail of the Philadelphia Police headquarters, known by locals as the “Roundhouse,” where a nurse took each woman’s vital signs and asked if there were any injuries. “I showed him my wrist and thumb that were already red and swollen” from the restrictive handcuffs, says Biren-Wright. His response, she says, was “That doesn’t count.”

Biren-Wright, along with the other five women, was held for 14 hours. At 5 a.m., she says, they were released from the “Roundhouse” onto a dark and barren street—there were no taxis anywhere near—and locked out of the police station. Although the women had cell phones, they had not been allowed to call for rides while in the jail area. Outside, they called friends, but waited until help arrived. Marini was released from the district jail later that morning.

The only reason Biren-Wright’s pictures of the demonstration survived is because she had secretly removed the memory chip during the arrest. When the camera was finally returned, “all of the settings were messed up and the lens was not replaced properly.”

The Army closed the AEC at the end of the pilot program. It had claimed that because of increased enlistments nationwide, the Center was no longer needed. It never acknowledged that the protestors and the public reaction may have been a reason for the closing.

In an unrelated case, the U.S. Court of Appeals for the Third Circuit ruled in October 2010 [Kelly v. Borough of Carlisle] that recording police activity in public places is protected by Constitutional guarantees. This month, the ACLU settled a case, for $48,500, in Pittsburgh when a University of Pittsburgh police officer arrested Elijah Matheny and charged him with felony violation of the state’s Wiretap Act for using a cell phone to record police activity. Matheny spent a night in jail following his arrest. [See: Matheny v. County of Allegheny, et al.] The ACLU charged that the district attorney’s office “had engaged in a pattern of erroneously advising law enforcement that audio taping police officers in public violates Pennsylvania’s Wiretap Act.” Following the Third Circuit’s decision in the Kelly case, a conviction against Matheny is expected to be overturned.

The arrests in Philadelphia, Carlisle, and Pittsburgh underscores two major problems, both prevalent throughout the country. The first problem is a lack of understanding and respect for the Constitution by a large number, although not a majority, of police officers. For that reason, all police forces and district attorneys offices, from small isolated rural communities to the largest urban departments, need to have constant education about civil rights and Constitutional guarantees—and the penalties for violating those rights.

The second major problem is inherent within the mass media. Reporters need to know how and when to challenge authority to protect their own and the public’s rights. A camera crew from the PBS “Frontline” series was at the protest, but abruptly stopped recording the demonstration after Brower was arrested and either before or during Biren-Wright’s arrest. Rob Kall later said that a member of the “Frontline” crew told him the police informed them they would be arrested if they continued to film the demonstration.

Police threats, which violate Constitutional guarantees, place a “chilling effect” upon the media to observe and record actions by public officials. Even without a direct order by a public official, reporters may do what they perceive to be what others want them to do. The media, like police and public officials, also need constant education to know when police orders are lawful and when they are not. An order to move away from a scene may be lawful. An order to stop filming a scene upon threat of arrest is not.

In federal court, in the case of Biren v. City of Philadelphia, et al., these issues, and others, will be raised. But had there been an understanding of the Constitution by the police, the case would never have gotten to the point of a federal civil suit.

 [Walter Brasch is a former newspaper and magazine reporter and editor. He is author of 17 books, the most recent one Before the First Snow: Tales from the Revolution, journalistic fiction about the counter-culture as seen through the eyes of a “flower child” and the reporter who covered her story for three decades.]

 

 

‘10 Commandments Judge’ Running for President

Alabama, Roy Moore, Republicans, presidential candidates, First Amendment, Establishment Clause, judicial ethics, judicial practices, Ten Commandments, abortion, right-to-work, wild horses, wild burros, debt ceiling

 

 

by Walter Brasch

 

The chief justice of the Alabama Supreme Court who was removed from office for defying the Constitution and a federal court order is one of 14 major candidates running for the Republican nomination for the presidency.

Alabama’s Court of the Judiciary unanimously had ordered Roy S. Moore removed from office in November 2003 after he refused to remove from the judiciary building rotunda a 5,280 pound granite monument to the Ten Commandments. Around its base were extracts from the Declaration of Independence, quotes from the Founding Fathers, and the National Anthem. The three foot square by four foot tall monument was funded by private contributions.

As circuit judge, Moore had placed onto the wall of his courtroom a wooden Ten Commandments plaque he had carved, and opened each court session with a Protestant prayer. He also had defied a Circuit Court ruling to remove the plaque and to cease prayers. A suit filed in the Alabama Supreme Court was dismissed for technical reasons, and Moore said he would continue to hold prayers before court.

His campaign for Chief Justice, supported by the Christian Family Association, was to return “God to our public life and restore the moral foundation of our law.” On July 31, 2001, about six months after he was inaugurated as chief justice, Moore personally supervised the installation of the granite monument, stating that the Supreme Court needed something grander than the wooden plaque in the Circuit Court. In the subsequent lawsuit, Glassroth v. Moore, the chief justice, using the words of the Alabama Constitution, argued  “in order to establish justice we must invoke ‘the favor and guidance of almighty God.’” The Ten Commandments, he said, are the “moral foundation” of American law; the presence of the monument recognizes “the sovereignty of God.” What Moore didn’t state is that Exodus and Deuteronomy have different versions, and subsequent Christian religions have at least three versions. It is a Protestant version that was carved into the granite.

The federal court ruled that placement of the monument, and Moore’s repeated statements that the monument represented God’s sovereignty over all matters judicial and moral, violated the Establishment Clause of the First Amendment. That decision was upheld by the Eleventh Circuit Court of Appeals.

With strong popular support, Moore said not only were the courts’ rulings illegal, but that he would continue to defy them. Moore frequently cited the Alabama Constitution that justice was determined by “involving the favor and guidance of Almighty God.” The message sent to the citizens was that it’s acceptable to disregard two centuries of legal history that gave the federal constitution supremacy over states, and to violate federal law if you disagree with it. For a citizen to do so carries penalties; for a judge to do so carries removal from office.

Reflecting upon the case, Moore told rockthecapital.com that even eight years after his removal from office, he “would still make the same decision.” The role of government, says Moore, “is to secure those rights that [a Christian] God has given us.”

He says that while he supports religious diversity, the “source of our morality stems from our belief in a god, and a specific god.” However, in his Dec. 13, 2006, column for WorldNetDaily, Moore stated that Rep. Keith Ellison (D-Minn.), a Muslim, should be denied the right to hold office because “in the midst of a war with Islamic terrorists we should not place someone in a position of great power who shares their doctrine.”

Roy Moore says he is running for the presidency because “there’s a need for leadership in the country,” and neither President Obama nor the leaders of both parties in Congress are providing that leadership. “Petty politics,” he says, are taking precedence over the needs of the country. “We can’t get anything done,” he says, “because decisions are [made] not what’s good for the country but what is good for the party.”

Moore identifies a weak economy as “the foremost problem today.” The nation “is going the wrong way,” he says. He acknowledges that much of the problem came under the Bush–Cheney Administration, “but was increased by Obama.” Although the Republicans propose cutting critical social programs rather than raising the debt ceiling, every Congressional leader, Democrat and Republican, voted to increase the debt ceiling during the past decade, with the highest increases under Republican presidents: Ronald Reagan (189%), George H.W. Bush (55%), and George W. Bush (86%). In Bill Clinton’s two terms. The debt ceiling was increased only 37 percent; Barack Obama is asking for a 35 percent increase.

Moore, a “states’ rights” advocate, shares the views of most conservative candidates for the Presidency. Among those views are:

            ● the federal income tax should be abolished.

            ● Abortion, for any reason, should not have federal funds because not only does it “contradict the right to life contained in the organic law of our country,” it violates the 14th Amendment.

            ● People should “have the right to choose their own employment,” instead of having to join unions. Therefore, says Moore, all states should have “right-to-work” laws. If Moore’s vision is enacted, these laws would effectively cripple unions from representing the workers.

            ● Same sex marriage, says Moore, violates the will of God. In one case, while he served as chief justice, he argued that homosexual behavior is “a crime against nature, an inherent evil, and an act so heinous that it defies one’s ability to describe it.”

However, on a couple of issues, his views lean closer to those of liberals. He opposes the nation’s entry into war without Congressional authorization. Moore is a graduate of West Point, who became an MP company commander at the end of the Vietnam War, and then graduated from the University of Alabama law school. He opposes the U.S. intrusion into Libya on both military and legal grounds. “It’s very easy for a president to be sucked into global wars,” he says, “but it’s not our goal to go over there [Libya] and take out a leader just because we don’t like him.” Unlike many Republicans, he acknowledges that the Libyan attack, like the U.S. invasion of Iraq under the Bush–Cheney Administration, should have had Congressional approval under the War Powers Act of 1973.

Moore, who owns horses—he once spent a year as a cowboy in Australia working for a fundamentalist Christian—believes that the dwindling population of wild horses and burros in the Southwest, and all wild animals, should be protected. Both the Bush–Cheney and Obama administrations have failed to do so, often influenced by the cattle and meat industry.

Moore, near the bottom of the pack in the polls, probably won’t become the Republican nominee. But, unlike some conservative candidates, he doesn’t parade his religious beliefs to gain votes. He lives the life of his religious convictions, and isn’t afraid to make sure everyone knows what they are, especially when they provide the base for his political and judicial views.

 [Brasch is an award-winning social issues columnist. His current book is Before the First Snow, a look at the nation’s counterculture and social problems, as seen through the eyes of a “flower child” and the reporter who covered her story for more than three decades.]

 

 

 

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