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  1 December 2003
Roy Moore, James Dobson, & Judicial Tryanny:
What the Ten Commandments case and James Dobson may do for Biblical conservatives

by Keith Miller | bio | email | print version
It need not be stated here that Roy Moore stirred up a little controversy over a statue. His monument featured the Ten Commandments and the opinions of the Founding Fathers on the subject of religion in civic life. While I believes that Judge Moore was well the bounds of the Alabama state constitution, it seemed that this may have been a battle badly chosen. The expected outcome, a federal court order that "Roy's Rock" be removed, came down last fall and was upheld this summer by the 11th US Circuit Court of Appeals.

That is when things got interesting. Instead of peacefully acquiescing to the demands of the federal court, Moore rejected the authority of a federal court to interfere with his state's right to acknowledge God. On, August 16, 2003, thousands rallied to the steps of the Alabama Judicial Building to show their support for his actions. That day, Dr. James Dobson gave a speech delineating how America is now engaged in a great moral struggle similar to the civil rights movement, in which "people of faith are...being sent to the back of the bus."

The monument was removed and Judge Moore was relieved of his duties for his insubordination. Yet in that speech, Dobson demonstrated the way he plans to exert his considerable influence now that he has stepped down as President at Focus of the Family, a position now held by Don Hodel. Dr. Dobson remains with Focus as the Chairman of the Board and principal voice of its radio program, but he has freed himself to serve as a "spokesman and international leader on a wide range of cultural, family and spiritual issues." Despite lacking any inside information, I believe his chief objective to be this project combating judicial tyranny.

As you can see from the webpage, "Judicial Tyranny" subsumes two hot-button issues for Biblical conservatives. One is the artificial "separation of Church and State" that the federal judiciary has established. In response, conservatives are calling for Congress to exercise its Constitutional (Article 3, section 2, clause 2) power to limit the jurisdiction of federal courts. But the other issue the anti-democratic redefinition of marriage propagated most recently by the Supreme Court of Massachusetts. This judicial trend, buttressed by the Lawrence decision (see here and here), has necessitated the drive for a Federal Marriage Amendment.

Dobson and his friends have succeeded in framing this issue in a very favorable way. Instead of arguing about religion's role in the public square, the debate has been shifted to a question of process. Should unelected and elite panels make determinations on the important issues of the day? Oligarchy has been unpopular in the United States since roughly 1798 or so. By championing democracy, Biblical conservatives have gained the upper hand.

Roy Moore has likely set his sights on the Alabama Governor's Mansion or even the White House, but I think that this issue transcends one man's ambition and may become a referendum on the excesses of our judicial system.

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