So let's look at this Article again:
QUOTE
"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances."
These are the clauses:
QUOTE
Congress shall make no law respecting an establishment of religion,
Former Alabama Chief Justice Moore was not
establishing a religion. The religion of the Hebrews is many thousands of years old. The Christian religion is over 2,000 years old.
QUOTE
or prohibiting the free exercise thereof
I'm sorry--were there any Hare Krishnas, Muslims, Wiccans or Buddhists stopped from their religious practices in the courthouse because the monument was there?
If Chief Justice Moore dismissed out of hand the display of laws from other religions, then it could possibly be argued that there was a violation.
QUOTE
or abridging the freedom of speech,
The courts abridge freedom of speech
every day they are in session. Likewise, it could be argued that removal of the Ten Commandments monument was abridging the freedom of speech of those who honor the commandments. And again, see the last part of the previous comment.
QUOTE
or of the press;
The presence of the monument didn't stop the press from reporting.
QUOTE
or the right of the people peaceably to assemble,
The monument did not prohibit people from gathering there during normal business hours. A security guard might shoo them away late at night.
QUOTE
and to petition the government for a redress of grievances.
Did the monument's presence stop anyone from gathering or submitting a petition for a redress of grievances? No.
The fact of the matter is, it was a
United States Supreme Court justice's interpretation (perhaps somebody knows which one) that was necessary to tie the idea of religious displays in public places to the "establishment of religion."
Former Justice Moore was violating a court order. As Chief Justice, he was setting a bad precedent for citizens who appear before the Alabama Supreme Court. That is why he had to be removed from his position.
But Moore decided to make this an issue because he recognized the intolerance by a number of people of anything that smacks of religiosity. It's a sad day when the presence of a religious symbol in a public place is interpreted as the "establishment" of religion.
I think Moore should have cut his losses while he was still Chief Justice and let the monument be displayed elsewhere. But I haven't walked in his shoes.