Mt. Soledad Veterans Memorial Cross is Constitutional
….and here is your good news for free expression and saving the Constitution for the night. The ACLU loses one in this long, drawn out battle!
Alliance Defense Fund attorneys filed a friend-of-the-court brief Tuesday in the U.S. Court of Appeals for the 9th Circuit in defense of a 55-year-old cross located at the Mount Soledad Veterans Memorial. The American Civil Liberties Union and its allies are challenging the constitutionality of the cross, which is located on federal land at the memorial. ADF attorneys represent The American Legion Department of California in the case.
“One person’s agenda shouldn’t diminish the sacrifices made by America’s veterans and their families,” said ADF Senior Counsel Joe Infranco. “The ACLU claims to be ‘the foremost defender of the United States Constitution and the Bill of Rights.’ Most Americans know, however, that title really belongs to the veterans whose memorial the ACLU is attacking.”
In 2007, ADF established a joint effort with Liberty Legal Institute and The American Legion to defend America’s veterans’ memorials from legal attack. For nearly 20 years, a number of lawsuits have sought to tear down the 29-foot cross at Mt. Soledad.
In 2005, 76 percent of San Diego voters chose to preserve the cross by transferring the memorial from city property to the ownership of the U.S. Department of the Interior. In 2006, Congress passed a law that officially transferred ownership.
Two lawsuits, including one by the ACLU, unsuccessfully challenged the constitutionality of the land transfer. Now the ACLU is targeting the cross itself as being unconstitutional. A district court rejected that claim as well, holding that the presence of the cross on federal land does not violate the Establishment Clause of the First Amendment. That decision is what is now on appeal to the 9th Circuit.
“The courts have already rejected a challenge to constitutionality of the land transfer. Further, San Diegans have overwhelmingly supported allowing the cross to remain at the memorial,” Infranco explained. “It’s time to bring an end to the ACLU’s ridiculous and offensive battle to strip the memorial of a symbol which pays tribute to our fallen soldiers.”
Keep up the good fight ADF!
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Posted by Jay on March 25, 2009 10:58 pm
» Filed Under 1st Amendment, ACLU, Bill Of Rights, Church And State, Constitution, News, Veterans
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6 Responses to “Mt. Soledad Veterans Memorial Cross is Constitutional”
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Syndicate Me
I have always held the belief that the majority should win the argument and even though I am agreement with this decision, I would tolerate a decisiopn otherwise if that was the vote of the people. Over 75% of San Diegan’s want it to remain as is… then so be it.
Sorry about the sloppy spelling…it’s been a very long day..lol
Good news, but an appeal to the “Ninth Circus?” That’s worrisome.
When will this country realize and our government, that the 1st amendment is for the PROTECTION OF RELIGION “NOT” RESTRICTION OF RELIGION .
They will realize it when they read the Constitution and Federalist Papers instead of Time Magazine and People. The seperation of church and state was meant to protect the people from the establishment of a state religion not to protect the government from the people. IE The Anglican Church in England. A STATE church. I think we fought a revolution over that.
The ACLU only does this sh*t for money. Its an evil group of poeple that don’t realize how good they have it in this country. They should be ashamed to try and cover a cross memoralizing those that gave them freedom.