Looks like the supporters of Alabama Chief Justice Roy Moore have filed a lawsuit to try and keep Roy’s Rock where it is by arguing that its removal would violate the First Amendment’s anti-establishment clause.
al.com: Supreme Court ‘coup’ feared by Moore allies
McGinley and Dorley asked Steele to issue a temporary restraining order barring anyone from moving the 2-ton granite block from the Judicial Building rotunda. In essence, the plaintiffs want Steele to contradict the directive U.S. District Judge Myron Thompson gave Moore.
The associate justices on Alabama’s high court, who by law can band together to override administrative decisions by the chief justice, have announced their intention to relocate the monument.
“But in doing so as ordered, the defendants, either knowingly or not, are, in fact, establishing a religion in violation of the Establishment Clause of the First Amendment to the United States Constitution—the religion of nontheistic beliefs,” McGinley and Dorley allege in their lawsuit.
In asking for the restraining order, they claimed Thompson erred “by forcing out the Ten Commandments and replacing it with nothing (but in reality the nothing is the false god of nontheistic religion),” a notion opponents promptly mocked.
“There’s a technical, legal term to describe this lawsuit—it’s nutty,” said Richard Cohen, general counsel for the Southern Poverty Law Center. The Montgomery-based center represents one plaintiff in the case seeking the monument’s removal.
Nutty indeed. Would someone please explain to me what a “religion of nontheistic beliefs” is? What churches would such practitioners attend? What riturals would they engage in? Which non-God would they pray to? I’m always amused at how quickly religious fundamentalists will try to claim atheism as a “religion” when it serves their purpose. If that’s true then where the hell are my religious tax exemptions? Does this mean that non-religious charities can win grants under Bush’s Faith-Based Initiatives?
Posted on 08/27/2003 at 01:17 PM 
Since theism is the belief in god or gods then, a non-theistic belief would be, no religion. That is he idea behind the whole moving of the monument, NO religion should be espoused by the state. They are just trying to make non-theistic sound like a religion so that they can get away with forcing Christianity down our throats.
the·ism ( P ) Pronunciation Key (thzm)
n.
Belief in the existence of a god or gods, especially belief in a personal God as creator and ruler of the world.