By Bob Howell – WSFA 12 News, Montgomery, AL

I ran across this op-ed piece on gambling in our state. It was written by Roy Moore for the Montgomery Advertiser.

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Gambling

By Roy Moore

It has been said that “there is nothing new under the sun” and when it comes to gambling that’s certainly true.

Back in October of 1778, during our war for independence from Great Britain, the Continental Congress found it necessary to address gambling when it warned the states to strongly oppose the influence of “gaming, and such other diversions as are productive of idleness, dissipation, and a general depravity of principles and manners.”  George Washington, as commanding general of the Continental Army, issued several orders to his troops to avoid what he considered, “a vice which is productive of every possible evil, equally injurious to the morals and health of its voteries [devoted followers or addicts].”

The purest form of gambling is a lottery where the outcome is determined only by chance.  Lotteries enjoyed great popularity and rapid growth during our formative years.  But after extensive fraud and other related social ills, strong opposition to gambling arose in society.  By the late 1800’s nearly every state stood in opposition to lotteries.  One of those states was Alabama, which approved a specific prohibition of lotteries in Art. IV, Section 26 of the Constitution of Alabama of 1875.  The Librarian of the United States Congress wrote in 1893 that there existed “a general public conviction that lotteries are to be regarded in direct proportion to their extension, as among the most dangerous and prolific sources of human misery.”  Eight years later, Alabama’s constitutional lottery prohibition was included in the 1901 Constitution and has remained unaltered to this day.

Despite the specific prohibition in the Constitution of Alabama, illegal gambling appeared in force in the late 1940’s and early 50’s in a small Alabama town on the Georgia state line.  What occurred in Phenix City gives us guidance for today.

In 1954, Albert Patterson was elected Attorney General after running as “A Man Against Crime.”  But even before he took office, Attorney General Patterson was shot and killed by those connected with the Phenix City gambling operation.  The shock of Patterson’s murder was felt throughout Alabama and across the nation as people saw the crime and corruption always associated with gambling.

Today gambling is staging a comeback in Alabama.  First came an attempt to relax the interpretation of the anti-lottery provision of the constitution.  In an apparent concession for video poker machines, the Alabama Supreme Court in 1997, in Opinion No. 358, wrongfully concluded that an activity did not violate the law as long as “some degree of skill was present.”  This definition of lottery opened up the door to many forms of illegal gambling, but was set aside by Opinion No. 373, which I wrote as Chief Justice of the Alabama Supreme Court in 2001.  In Opinion 373, I explained that if chance plays a greater part than the player’s skill then the activity violates the law. Opinion 373 was a devastating setback for “video poker” advocates as District Attorneys across Alabama began seizure of such deceptive devices.

In Opinion 373, I also explained that the “Constitution explicitly condemns any scheme” that would “resemble a lottery,” and the Alabama Supreme Court has consistently relied upon Opinion 373, holding coin-operated “amusement” machines unlawful in 2004; “Mega Sweepstakes” machines against the law in 2005; and most recently “electronic bingo” machines at White Hall in Lowndes County unlawful in November 2009.

Undeterred by the failure of a statewide referendum in 1999, pro-gambling advocates continue their brazen disregard for our law.  Those who favor gambling argue that gambling will provide needed tax revenue to state coffers and create numerous jobs at casinos, restaurants, and hotels.  But the truth is that gambling takes millions of dollars which would otherwise be spent in ailing local economies.

And gambling can become addictive.  A 1999 report by the National Research Council reported that “gamblers often resort to crime to pay debts, appease bookies, maintain appearances, and garner more money to gamble.”  Consider the plight of Alabama Rep. Bryant Melton who was convicted last year for diverting $68,000 from the Alabama Fire College, much of it going to pay personal gambling debts.  As 1 Timothy 6:9 warns us, “But those who desire to be rich fall into temptation and a snare, and into many foolish and harmful lusts which drown men in destruction and perdition.”

Gambling is known to promote prostitution, illegal drugs, and crime, but one of its most devastating consequences is the corruption of representative government.  As gambling grows in influence so does its power over our elected representatives through special interest lobbyists.

Alabama has always stood against illegal gambling.  We need faithful enforcement of our law.  As Governor, I will not gamble with the future of our state or our posterity.

Filed under: Elections