1 “So Help Me God” (B) The New South
When the 1970s rock band The Eagles wrote about Montgomery, Alabama, they
described a place where “a taste of time sweetened honey” mingled with the “warm stars”
etched in the Southern sky.1 Situated at the picturesque bend of the Alabama River, the
city is an unabashedly Southern mixture of old and new, a combination of charm and
industry. Today, Montgomery is home to around a quarter of a million residents.
The currents of history run deep in this beautiful Southern city, which was
founded in 1819 as a port to transfer cotton from Alabama’s rich agricultural regions to
the large markets of Mobile and New Orleans on the Gulf of Mexico. In 1861,
Montgomery was designated as the first capital of the Confederate States of America. To
this day, the Alabama State Legislature meets in the Old State House, which once served
as the First White House of the Confederacy.
In 1955, Rosa Parks, an African-American seamstress, refused to give up her seat
to a white man on Montgomery’s segregated bus system and was arrested for her act of
civil disobedience. The black community in the city responded with a year-long bus
boycott, a collective show of determination that inspired a young local preacher named
Martin Luther King Jr. to become active in leading the fight for black equality. Indeed,
Alabama’s state motto, “We dare defend our rights,” is an apt embodiment of its citizens’
traits of stubbornness and persistence in the face of challenges.2
Like most of the Southern United States, Evangelical Protestantism historically
dominated the religious landscape of Montgomery and Alabama. After the end of
segregation in the 1960s, however, the South witnessed an economic boom and a host of
new arrivals coming from around the nation and the world. The 2002 opening of a
massive Hyundai Motors plant in the outskirts of the city signaled the next chapter in the
“New South” era of this growing region.3
Across the entire state of Alabama, the dynamics of yesteryear were changing
quickly. The diversity of new immigrants in the technology hub of Huntsville was
beginning to impact the dialogue about the prayers that opened city council meetings.
The Council voted to maintain the prayers but to rotate among the various religious faiths
of Huntsville.4 Over the past twenty years, Birmingham, the largest city in the state, had
witnessed a diversification of its cityscape of white-steeple Protestant churches, as new
arrivals had erected many mosques, Hindu and Buddhist temples, and a Baha’i Center.5
Civic leaders knew that they were engaged in a constant balancing act; they felt a duty to
encourage economic growth and the changing demographic landscape that came with it,
but they also recognized the importance of maintaining the unique cultural history and
customs of the region. Oftentimes, these two interests were in dire conflict, and the
ability for leaders to compromise on deeply held ideals became crucial to settling
disputes.
The Monumental Challenge
J. Richard Cohen speaks with a measured, comfortable tone, befitting his
longtime experience as an attorney. Cohen is the President of the Montgomery-based
Southern Poverty Law Center (SPLC), “a non-profit civil rights group dedicated to
Copyright Patrick Rooney and The Pluralism Project 2 fighting hate and bigotry, and to seeking justice for the most vulnerable members of our
society.” 5 Inspired by the civil rights movements of the 1960s and 1970s, Cohen became
a civil rights lawyer because he “felt strongly about the importance of communities
staying together.” 6
In our interview, Cohen stated that he first noticed the Ten Commandments
monument soon after its installation, as the “Supreme Court Building is right next door”
to the office of the SPLC.7 Joining forces with the American Civil Liberties Union
(ACLU) and Citizens United for the Separation of Church and State (AUSCS), on
October 30th, 2001, Cohen filed suit against Moore, arguing that he violated the
Establishment Clause of the First Amendment to the US Constitution by placing the
monument in the rotunda of the Alabama Judicial Building.
The case was outside the usual concerns of the SPLC, and Cohen noted that “civil
liberties” matters were “not an area in which we typically litigated.” Cohen felt, however,
that the suit against Moore was justified, since Moore had made statements earlier that
year that had dealt with issues pertinent to the practice of the SPLC. He stated that Moore
had issued a concurring opinion in a child custody lawsuit…(saying) that the state had the
‘power of the sword’ and could be justified in using it to protect children from gays and
lesbians.8
Indeed, Moore’s citation of Leviticus during his earlier time on the Supreme
Court had drawn heavy criticism from many groups including the National Gay and
Lesbian Task Force (GLAAD).9 Comments like this had deeply disturbed Cohen in the
past, and now, he had grounds to sue Moore and possibly seek his removal from the
highest Court in the state.
Now, in the face of a mounting lawsuit against his monument from Cohen and his
co-counsel, Moore began preparing for the legal battle ahead. He assembled a team of
lawyers and law clerks to represent him for the trial that was to be held almost a year later
in the halls of the US District Court in Montgomery.
The Ten Commandments on Trial
Proceedings in the case of Glassroth v. Moore began on October 15th, 2002. The
first witnesses to take the stand were the three attorneys charged with prosecuting Moore,
Stephen Glassroth, Beverley Howard, and Melinda Maddox. All three gave testimony as
to why they personally had a stake in the case. As professed agnostics or atheists, the
prosecution team noted that they had grown up feeling like “outsiders” in a country that
mentioned “under God” in its Pledge of Allegiance and stamped “in God we trust” on its
currency.
After leaving the courtroom that day, one of Moore’s counsel noticed that the
Courthouse had a “large fountain-bust” of Themis, the Greek goddess of justice, in its
courtyard. Moore wondered about the nature of religion in the public square.10
I was on trial for acknowledging…God, and yet the Federal Judicial Building in
which I was being tried had a display acknowledging a Greek goddess of justice.
How could my acknowledgement be wrong and the other be acceptable? ...What
makes it constitutional or not constitutional is whether or not it’s the
establishment of religion under the First Amendment.11
These issues about the scope of religion in government and American life remained
critical in the deliberations. As the proceedings came to a close, Judge Myron
Copyright Patrick Rooney and The Pluralism Project 3 Thompson, the presiding judge of the case, put the matter in very simple terms as he
turned to both parties in the courtroom.
I think that is basically it. You know, I would almost think I would have to start
my opinion (this) way. The issue is: Can the state acknowledge God? I think you
(Moore’s counsel) said it. And I think that in many ways I doubt the plaintiffs
will disagree with you on that.12
The case was adjourned, and Judge Thompson promised that he would have his decision
released within a month. The only thing that Moore, his defense attorneys, and the
plaintiffs could do was wait for the judge’s answer to that pivotal question.
Citations
1
Elyrics Website. “The Seven Bridges Road.” The Eagles. 6 December 2012.
<http://www.elyrics.net/read/e/eagles-lyrics/seven-bridges-road-lyrics.html>
2
Cox, Dale. “Montgomery, Alabama- Historic Sites and Points of Interest.” Explore Southern History
Online. 2011. 6 December 2012. <http://www.exploresouthernhistory.com/montgomery.html>
3
Bunkley, Nick. “Hyundai’s Swift Growth Lifts Alabama’s Economy.” The New York Times Online. 18
February 2011. 6 December 2012.
<http://www.nytimes.com/2011/02/19/business/19hyundai.html?pagewanted=all&_r=0>
4
Hollis, Mike. “Huntsville City Council’s Decision on Prayer.” The Huntsville Times. 14 March 2012. 6
December 2012. <http://blog.al.com/times-views/2012/03/editorial_the_huntsville_city.html>
5
Religious community websites for the Birmingham Islamic Society <http://www.bisweb.org/>, Hindu
Temple and Cultural Center <http://www.bhamhindutemple.org/>, Losel Matri Tibetan Buddhist Center
<http://www.loselmaitribuddhist.org/>, and Birmingham Baha’i Community
<http://www.birminghambahai.org/>
6
Southern Poverty Law Center Website. “Who We Are.” 6 December 2012.
<http://www.splcenter.org/who-we-are>
7
Interview with Richard Cohen. 16 November 2012.
8
Interview with Richard Cohen. 16 November 2012.
9
”Thou Shalt Not Hate”. Express Gay News. 2010. 6 December 2012.
<http://www.originalexpressgaynews.com/beta/printfriendly.asp?articleNumber=14766>
10
Moore. So Help Me God. p. 184
11
Ibid. p. 185.
12
Ibid. p. 192, italics added by case author for emphasis.
Copyright Patrick Rooney and The Pluralism Project