Yesterday, the Mobile Registerreported that Alabama Governor Bob Riley claims that former Alabama Chief Justice Roy Moore asked Governor Riley to call out the Alabama National Guard in order to stop the removal of the Ten Commandments monument from the state judicial building in 2003. Chief Justice Moore had installed the monument in the courthouse and a federal court had ordered him to remove it; he refused and was later removed from office because of state ethics charges that were brought against him on the basis of his refusal to comply with the federal court’s unlawful order.
In 2003, I was involved in a citizen presence on the grounds of the state judicial building (which houses the Alabama Supreme Court). While that event has been called a “protest”, much more than protesting was involved. Yes, we were there to protest the federal judge’s unlawful order; we were also there to pray, to encourage our state and federal officials to do the right thing, and to show that we were concerned about the public acknowledgment of God. We were there to send the message that forcibly removing and prohibiting the acknowledgment of God from society can only result in the destruction of a free society–that those who have their law founded not on the authority of God but on the sinful whims of men’s hearts shall destroy themselves.
I was also present at the state capitol in 1997 when Governor Fob James and others spoke at a rally in support of Judge Roy Moore, who was at that time a circuit judge. Judge Moore had been ordered by a state court to remove a hand-carved Ten Commandments plaque from the wall of his courtroom and to stop allowing prayer before trials. He refused to comply with the order and the order was eventually overturned by the Alabama Supreme Court on a technicality.
During that Ten Commandments struggle, Governor James stated that, if necessary, he would call up Alabama National Guard soldiers to stop the removal of the Ten Commandments plaque from Judge Moore’s courtroom. Governor James proved himself not one to make idle threats, so his statement was considered quite seriously. He went on to explain that, were the Ten Commandments plaque ordered by a federal court to be removed, and were federal marshals sent to remove the plaque, he would place Alabama soldiers at the courthouse to prevent the removal. Governor James stated that this would not have resulted in armed conflict; instead, it would have forced President Bill Clinton to either ignore the order of the federal judge and recall the marshals or to federalize the Alabama Guard soldiers and order them away from the courthouse. In Governor James’ estimation, no U.S. president would ever do such a thing.
Coming back to 2003 events, it seems that former Alabama Supreme Court Justice Terry Butts, who served as a legal adviser for Chief Justice Moore, approached Governor Riley about the Ten Commandments monument. Mr. Butts asked Governor Riley to protect the monument from the unlawful order of the federal judge and to prohibit it from being removed. Apparently, Governor Riley has now stated that Judge Moore asked him to call in the Alabama National Guard. Mr. Butts has stated that he did not ask that the Guard be called in but that they did discuss the possibility that things might play out to that end if Governor Riley were to act to protect the monument. According to radio reports today, Judge Moore has denied asking that the Guard be called out to the judicial building and has stated that he agrees with Mr. Butts’ version of the story.
Why this matter is a big news story in the state today, I am not sure. Use of Alabama soldiers was promised by Governor James back in 1997. Thus, the 2003 discussion was not a new idea.
For some reason, commentators feel the need to make a big issue out of this now and to paint Judge Moore as a man filled with bloodlust–the idea being that, if the Guard soldiers were called out, a shootout with federal marshals would result. This is an absurd interpretation of the facts and seems only to be an attempt to undermine Judge Moore’s credibility. And, if weighing Governor Riley’s credibility against Judge Moore’s, Judge Moore wins every time. After all, Judge Moore has fulfilled every public promise he’s made and Governor Riley has broken so many of his own.
In seminary, I received no ethical training. My former denomination provided no ethical training and no ethical guidelines. Numerous times when I have inquired about such policies, I was either ignored, told that unethical behavior will not occur in our denomination/diocese, or have been given ambiguous information that provides no real guidance. The general area of clergy ethics is of great interest to me.
I have been recently reflecting on the issue of clergy sexual abuse. Various sources on this subject estimate that 15-20% of clergy have sexually abused someone. Sadly, many cases of sexual abuse are unreported, ignored, allowed to continue, or hidden by church leadership. Many churches do not have established policies for handling sexual abuse allegations.
In the interest of ministerial accountability, I have drafted the following statement. This statement is offered as a model for Christian leaders in developing some fundamental approach to dealing with sexual abuse in the church. It does not cover all areas but is intended to address proven abuse by clergy. Any person or organization is free to use or adapt this text if it is found helpful.
If you have comments or suggestions on this issue, please reply with your comments.
Suggested policy on clergy sexual misconduct
When any secular court of law or any agency or committee of this church authorized to adjudge such matters shall find that any ordained minister of this church is guilty of sexual misconduct or sexual abuse of another person, such minister shall be immediately deprived of ministry in this church, shall retain no emoluments thereof, and shall not be restored to such ministry and emoluments unless proven innocent of the sexual misconduct or abuse in question upon proper appeal in the respective jurisdictions.
Sexual misconduct is defined as sexual touching or sexual relations with any person who is not the minister’s spouse. Sexual abuse is defined as (1) rape, or (2) attempt to coerce into sexual touching or sexual relations any person who is not the minister’s spouse.
This now-famous sermon was preached in the mid-1960’s by the Rev. Paris Reidhead, a New York pastor. The text of the sermon is taken from Judges 17-18.
I first heard this sermon when I was in college. It is a message of true transformation. Instead of preaching a so-called gospel of self-centeredness, we should proclaim salvation for God’s glory. This is one of the most insightful and moving sermons I’ve heard; everyone should hear it.
You may read more about the sermon and a transcript of it here. It is my understanding that the audio recording and the transcript are both in the public domain.
General Douglas MacArthur left us many words of serious thought. Among them were these about the limitation of governmental power (from his pictorial autobiography Duty, Honor, Country, page 210):
There are many who have lost faith in this early American ideal and believe in a form of socialistic, totalitarian rule, a sort of big brother deity to run our lives for us. They no longer believe that free men can successfully manage their own affairs. Their thesis is that a handful of men, centered in government, largely bureaucratic not elected, can utilize the proceeds of our toil and labor to greater advantage than those who create it. Nowhere in the history of the human race is there justification for this reckless faith in political power. It is the oldest, most reactionary of all forms of social organization. It was tried out in ancient Babylon, ancient Greece and ancient Rome; in Mussolini’s Italy, in Hitler’s Germany, and in all communist countries. Wherever and whenever it has been attempted, it has failed utterly to provide economic security, and has generally ended in national disaster. It embraces an essential idiocy, that individuals who, as private citizens, are not to manage the disposition of their own earnings, become in public office supermen who can manage the affairs of the world.
treachery n. pl. treach·er·ies 1. Willful betrayal of fidelity, confidence, or trust; perfidy. 2. The act or an instance of such betrayal. (The American Heritage Dictionary of the English Language, Fourth Edition.)
I’ve written before of the treachery of Bill Pryor, former Attorney General of Alabama and now sitting judge in the U.S. Court of Appeals for the 11th Circuit. With the looming vote on Pryor’s nomination to a lifetime appointment to that court, I offer more reflections.
Jeff Sessions served as Alabama Attorney General until his election to the U.S. Senate. Governor Fob James appointed Pryor to the office vacated by Sessions. At the time, Circuit Judge Roy Moore, of Etowah County, was defendant in a lawsuit brought by the American Civil Liberties Union (ACLU) because of prayers Judge Moore allowed in his courtroom and a Ten Commandments plaque in the courtroom.
Gov. James steadfastly defended Judge Moore and showed his solidarity by speaking publicly on the issues involved. When Gov. James was considering Pryor for appointment to the office of Attorney General, he questioned Pryor about his support for Judge Moore and the Ten Commandments display. The governor was assured that Pryor, like him, would stand in defense of Judge Moore.
Judge Moore had stated that he would not obey any court order to remove the Ten Commandments plaque from his courtroom. Pryor had defended this type of “non-acquiescence” in conversation with Gov. James and had even written in favor of such an approach in the Tulane Law Review. Pryor publicly stated that he would defend Judge Moore and that, even if some court ordered that Judge Moore remove the Ten Commandments from the courtroom, he would stand with Judge Moore in refusing to obey the order. On April 12, 1997, I attended a “Ten Commandments Rally” on the lawn of the state capitol in Montgomery. At that rally, Attorney General Pryor vocalized–before thousands of supporters–that he stood firmly in agreement with Judge Moore and Gov. James and even that he had become an attorney so he could fight the ACLU.
Later, when Judge Moore became Chief Justice of the Alabama Supreme Court and installed a Ten Commandments monument in the state judicial building, Attorney General Pryor defended him. He appointed two of Chief Justice Moore’s lawyers as deputy attorneys general. The chief justice was sued in his official capacity and the state defended him in that capacity (albeit, at no cost to the state).
When Myron Thompson, judge of the U.S. District Court for the Middle District of Alabama, ordered that Chief Justice Moore remove the Ten Commandments monument from the Alabama judicial building, the chief justice refused. Attorney General Pryor then set out on a crusade to portray himself in the best possible light and Judge Moore in the worst; he appeared on television programs and gave several interviews to the press in which he vilified the action of Chief Justice Moore and painted himself as a man who had to do an unfortunate duty because of the wild, unbridled reveling of a hardened criminal. Pryor lobbied the associate justices of the Alabama Supreme Court to remove the monument themselves. The associate justices did so.
A complaint of ethical misconduct was filed against Chief Justice Moore before the Judicial Inquiry Commission (JIC) and he was suspended from the bench pending an investigation. The JIC initially acted as a grand jury, considering the evidence against Chief Justice Moore and deciding whether the complaint warranted an ethics trial. The Commission concluded that there was sufficient reason to bring the case to trial; at this point, the JIC became the plaintiff in a case against the chief justice before the Court of the Judiciary (COJ).
When the JIC brought the case to the COJ, Attorney General Pryor became the prosecutor. Chief Justice Moore’s attorneys protested Pryor’s prosecution of the chief justice because Pryor had been privy to Moor’s defense of the Ten Commandments case–if Pryor were to prosecute the chief justice, the attorney-client privilege would be violated. Not only would this have been problematic; the attorney general’s own prior statements were in support of the chief justice and his subsequent prosecution of Moore would have been a betrayal of the chief justice and the state’s position on the display of the Ten Commandments and the public acknowledgement of God.
However, this was not the only conflict of interest at issue. The terms of two members of the COJ had expired. The attorney general issued an advisory opinion to Governor Bob Riley, stating that it was acceptable for the two members to remain on the court even though their terms had expired. In effect, Attorney General Pryor was hand-picking two judges of the very court before which he would prosecute Chief Justice Moore. Every one of the several challenges of the chief justice’s attorneys to the numerous conflicts of interest in the case were denied by the court.
On November 13, 2003, I sat in the courtroom of the Alabama Supreme Court, where Chief Justice Moore was tried for ethical misconduct. I witnessed Attorney General Pryor stand before the COJ, questioning the chief justice about his actions. The attorney general and his deputies played for the court a news video tape of Chief Justice Moore speaking at a rally at the state capitol on August 16, 2003, wherein he stated that he could not and would not obey the order of Judge Thompson to remove the Ten Commandments monument. This was the entirety of the prosecution’s argument. The defense attorneys called Moore to the stand; after the chief justice’s attorneys had completed their questioning, Attorney General Pryor stepped up to cross examine him.
Thrice Pryor asked Moore if he would continue to acknowledge God no matter what any man told him. Thrice Moore answered in the affirmative. Here follows a snippet of the official court transcript:
Pryor: “And if you resume your duties as Chief Justice after this proceeding, you will continue to acknowledge God as you have testified that you would today?”
Moore: “That’s right.”
Pryor: “No matter what any other official says?”
Moore: “Absolutely. Without–let me clarify that–without an acknowledgment of God, I cannot do my duties. I must acknowledge God. It says so in the Constitution of Alabama, it says so in the First Amendment to the United States Constitution. It says so in everything I’ve read.”
Pryor: “The only point I am trying to clarify, Mr. Chief Justice, is not why, but only that, in fact, if you do resume your duties as Chief Justice, you will continue to do that without regard to what any other official says. Isn’t that right?”
Moore: “I … must.”
Bill Pryor has shown that he is untrustworthy; he is faithless. He violated the promise of his appointment which he made to Gov. James. He violated the statements of his own conscience made publicly, without duress. He violated the Alabama Constitution of 1901, Section 3, by prosecuting Chief Justice Moore for his religious beliefs. He violated the U.S. Constitution, Article 6, by imposing a religious test for qualification of a state judicial officer. Pryor attempted to coerce a state constitutional officer to violate his oath to uphold the Alabama constitution and to defend the rights of the people.
If all those things weren’t enough, Bill Pryor, who is supposedly a devout Roman Catholic, asked Roy Moore, a Christian, to deny God before men. This is the very thing that Satan tried to convince Christ to do (Matthew 4:8-10):
Again, the devil taketh him up into an exceeding high mountain, and sheweth him all the kingdoms of the world, and the glory of them; and saith unto him, ‘Alll these things will I give thee, if thou wilt fall down and worship me.’ Then saith Jesus unto him, “Get thee hence, Satan: for it is written, ‘Thou shalt worship the Lord thy God, and him only shalt thou serve.’”
And this is the very thing that Christ said would lead to damnation (Matthew 10:32-33):
Whosoever therefore shall confess me before men, him will I confess also before my Father which is in heaven. But whosoever shall deny me before men, him will I also deny before my Father which is in heaven.
Not only has Pryor tried to entice another to accept man’s authority above God’s authority, he has done much more. He instructed Alabama’s district attorneys not to enforce, in certain cases, the requirements of the Alabama law against partial birth abortion. He testified before Congress in 2003 that, although Roe v. Wade is “the worst abomination of constitutional law in our history”, he would not oppose the terms of that decision if he were to be approved for a federal judgeship–because he is able to separate his personal beliefs from his duty to obey “the law”.
Chairman [Orrin] Hatch: “So even though you disagree with Roe v. Wade you would act in accordance with Roe v. Wade on the Eleventh Circuit Court of Appeals?”
Mr. Pryor: “Even though I strongly disagree with Roe v. Wade I have acted in accordance with it as Attorney General and would continue to do so as a Court of Appeals Judge.”
As a currently sitting federal judge, in the state-sanctioned murder of Terri Schiavo, Pryor refused to even register dissent in the federal appeals court’s decision not to allow a new hearing of her case.
For these reasons, and many more like them, Bill Pryor should have never been nominated to a federal judgeship or given a recess appointment by President George Bush. He should certainly not now be approved by the Senate for a lifetime appointment as a federal judge. How long will we decry judicial activism yet continue to put in place judicial activists? Can we tolerate as a magistrate–who had a duty before God–a man who persecutes others for acknowledging God? How can we tolerate as a magistrate a man who affirms that the destruction of life is morally wrong and that judges who interpret the Constitution to allow abortion are wrong but would still go along with those judges?
Source Documents
Transcript of the ethics trial of Alabama Chief Justice Roy Moore before the Court of the Judiciary. Attorney General Bill Pryor, prosecutor.
Video clip of the cross examination of Alabama Chief Justice Roy Moore by Attorney General Bill Pryor in the ethics trial of Moore. (High Bandwidth) (Low Bandwidth) (Audio Only) (YouTube)
Affidavit submitted by former Alabama Governor Fob James to the Court of the Judiciary. James alleged that Pryor was faithless.
Affidavit submitted by Fob James, III (son of the former governor) to the Alabama Court of the Judiciary. James alleges that Pryor was faithless.
Motion to disqualify members of the Alabama Court of the Judiciary. Argued that the terms of two judges had expired.
Transcript of the June 11, 2003 U.S. Senate hearing on the nomination of Bill Pryor for federal appeals court judgeship.
Federal appeals court for the 11th Circuit en bancorder refusing to give a new hearing in the Terri Schindler (Schiavo) case.
I’ve already mentioned Tracie. She was very kind, and her devotion to godly servanthood was obvious. On Saturday, I bumped into Thomas Bowman, my friend from Kentucky. He had once again travelled long hours from home to stand for God’s truth. Thomas communicates the word of God through his music.
Monsignor Malanowski was very gracious; he and I spoke a couple of times for several minutes, and I could see the clear love he had for Terri and the Schindler family. Brother Hilary and I briefly spoke a couple of times also; his strong support for life was also evident.
My travelling companions were Steve and Jeff, friends from the Huntsville, Alabama area. Jeff had travelled down on Wednesday. Steve and I travelled down together on Thursday evening. Sunday morning, Jeff and I drove back home while Steve stayed another day. These two great men of God have before stood for truth on other important issues. I was honored to be with them in this fight for God’s kingdom.
On Friday, I met Tim Bayly, a Presbyterian pastor who, with a fellow minister, was blogging from outside Woodside Hospice. Tim and I talked briefly and greeted one another a few times afterward. He invited me to join in a service on the grounds Friday afternoon but I was, unfortunately, detained elsewhere during the appointed time. Saturday, I watched as one of Tim’s associates, David Currell, was arrested for attempting to go in to save Terri from starvation. When a handful of protesters became shrill and venomous toward the police officers, Tim reminded us all to respond in love.
Saturday afternoon, a local man named Jeff came by with an offer to marry Terri. He saw this as a solution to the problem by giving him status as her guardian. I explained to him that there would be two problems with this idea: 1) Terri was already married and to marry Jeff would make her a bigamist, and 2) Terri wasn’t able to giver her consent to the marriage, even if it weren’t bigamy. Jeff gave me his phone number, anyway, just in case something worked out. While this may seem a bit strange, it is only a small example of how much people were willing to help save Terri, a person few of us had met but all of us cared deeply about.
Sunday morning, I went to an early interdenominational service on the grounds. The sun had not yet broken through the clouds when two Protestant pastors led us in singing, Scripture reading, and prayer. The two pastors, whose names I don’t recall, had decided that they were going to attempt to take the Communion elements in to Terri; Father Malanowski had been rebuffed the day before when he attempted to give her Communion. The two pastors went inside a small tent for private prayer together while the thirty or so others of us prayed. We broke off into groups of four.
It was during this time that I prayed with three Roman Catholic friends. One man had been a constant figure on the grounds, frequently carrying a crucifix against his shoulder. The lady, whose name was Mary (if memory serves correctly), had a sweet composure and was obviously seriously concerned with the horror being witnessed. The third prayer companion was David Vogel, a musician and singer. I’d seen him around a couple of times, once while he directed traffic in and out of the area where the Schindler family was stationed. He was one of the first arrested for trying to take water in to Terri.
Our group prayed earnestly for several minutes: the Hail Mary, the Our Father, and other prayers. We finished and looked up to see the police handcuffing the two pastors and placing them in a police car. David shared his deep concern over the horror but also expressed his great joy over the unity of Christ’s body in standing for the value of life.
Indeed, there were Christians from all traditions present: Baptist, Presbyterian, Pentecostal, Roman Catholic, Anglican, independent, etc. From rosaries and crucifixes to tambourines and plastic buckets, from highly charismatic extemporaneous prayers to traditional liturgies, the hearts of God’s people cried out for his mercy. Even though our obvious man-made divisions didn’t go away, in the eyes of God, we all stood as his people.
There were many other friends of God and friends of Terri who were present. My memory doesn’t serve well enough to name them all. But, of those whom I can remember, the Ledbetters were among the crowd; Mr. Ledbetter was one of the first to be arrested in Montgomery in the summer of 2003 for standing for the right to acknowledge God through the public display of the Ten Commandments. Also, the Rev. Patrick Mahoney arrived on Saturday evening to lead us in a prayer vigil; he had been on site earlier in the week but had gone to Tallahassee to plead with the governor to intervene.
There was also another fine Roman Catholic man who told me of his arrest experience at the hospice and of his 3 1/2 years in jail for protesting abortion. There was also the professor named George, with whom I had extended conversations in person and via phone about the value of life, the vulnerability of the disabled, and the appropriateness of civil disobedience. George and I will meet again, I am certain; and we will be more prepared.
While in Pinellas Park, I met Tracie. She was a volunteer working with the Schindler family. I’m not sure exactly in what ways she helped but I’m certain she was a great encouragement and support to them. She spent five weeks there working for the family.
I was introduced to Tracie by someone who knew she was also Anglican. Tracie had been at the site almost every hour of four weeks and had not been able to receive Holy Communion. Monsignor Malanowski had celebrated Mass with the family and various protesters but Tracie had not been able to participate because she was not Roman Catholic. I enjoyed meeting her and her parents, who happened to be with her at the time.
On the evening of Good Friday, the one day of the year when Eucharist is not normally celebrated, I led a small group in a service of Holy Eucharist on the grass in front of Woodside Hospice. I believed the situation we faced was sufficient cause to give thanks to God. Tracie was able to receive the grace of God in the Body and Blood of our Lord. Thomas Bowman, the minstrel from Kentucky, was present and led us in a few songs accompanied by his acoustic guitar. My travelling companions, Steve and Jeff, joined in worship; along with the other kind souls who participated, we meditated on the Passion of our Savior.
When we had finished, after many tears and several moments of reflection, Tracie bid us all to remember to pray, not only for Terri, but also for the Schindlers. She briefly conveyed how the weight of this horrific event was a heavy burden for Terri’s parents. She also told us of how Mr. Schindler had experienced a heart attack a few days after the last time Terri had been starved (for six days).
I am pleased to see that the Schindlers expressed their great appreciation for the volunteers like Tracie. There were many more like her who helped the family members through a time of great turmoil. May God strengthen the Schindler family and may he reward Tracie and the other volunteers for their service in his kingdom.
As I left work around 9:20 a.m. to drive to an appointment today, I turned on the radio to hear that Terri Schiavo had died.
I am deeply saddened by this news. I am saddened that a beautiful child of God has left this world where she brought so much joy and received so much love from her family. I am saddened that her parents and siblings and extended family no longer have Terri to enjoy her presence and share their love with her. I am saddened for my country that cares so little. I am saddened by the rebellion against God and the compromise of the truth that many Christians have shown in this case.
The future is uncertain but I know that I will always remember this ordeal. Terri struggled to live and she was denied the most basic of natural care–nourishment. Her blood is on the hands of her husband Michael Schiavo, his attorney George Felos, the judge George Greer, the handful of appelate judges who returned to case to Greer, the other state and federal judges who refused to hear the case, the governor of Florida Jeb Bush, the president of the United States George W. Bush, the members of Congress who refused to enforce the congressional subpeonas, the Florida Department of Children and Families which refused to intervene even though they said they had the authority and responsibility to do so, and so many more. Ultimately, the people of Florida and of the United States are responsible because we haven’t been diligent to see that life-haters aren’t holding public office and because we’ve devalued human life.
I’ll offer more thoughts later. There are several actions I will be taking in response to this entire matter. The first thing I’ve done today is remove from my blogroll a “Christian” blog that supported Terri’s murder.
May God have mercy on us all.
May the Holy Spirit strengthen Terri’s family and give them peace which passes understanding. Terri stands, whole, in the Father’s presence.
And I heard a voice from heaven saying unto me, Write, Blessed are the dead which die in the Lord from henceforth: Yea, saith the Spirit, that they may rest from their labours; and their works do follow them. (Revelation 14.13)
Remember thy servant, O Lord, according to the favour which thou bearest unto thy people, and grant that, increasing in knowledge and love of thee, she may go from strength to strength, in the life of perfect service, in thy heavenly kingdom; through Jesus Christ our Lord, who liveth and reigneth with thee and the Holy Ghost, ever, one God, world without end. Amen.
Saturday afternoon, one of my travelling companions and I left the Woodside Hospice for a late lunch break. We drove a few miles away to a restaurant next to our hotel.
Shortly after being seated, I was looking over the menu while my fellow traveller freshened up in the restroom. A waitress happened by and greeted me. She, seeing me in my clerical attire, asked me, “To what do we owe the honor of your visit with us today? Are you here for a wedding or something?” I told her that I’d been at the place where Terri Schiavo is undergoing her ordeal. The waitress cocked her head sideways and said something about not being aware of what all was going on with the case.
She then said, “I don’t know. Don’t you think it’s time just to let her go?” To which I replied, “If it is time to let her go, it’s certainly not time to starve her to death.” The waitress looked at me as if I’d slapped her. She said, “Is that what’s happening?” I said, “Yes, that’s exactly what’s going on.” She asked again and I reaffirmed my statement. She then turned and walked away, going to help a couple that had just come in the door; before she greeted the couple, she turned to me once more and said, “Is that true, Father?” I shook my head in agreement.
This exchange is another indication that the general populace doesn’t realize what is going on in this case. The press is reporting that Terri is on life support. The media, largely, aren’t reporting that she is being starved to death. They aren’t saying that she needs someone to feed her–no different than an infant would.
I’m not sure what the waitress did after we left but I hope she thought seriously about what she had learned. The truth is life-changing.
