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Supreme Court To Hear Calif. Cross Case
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By Joe Murray, The Bulletin
Seventy-five years ago, the Veterans of Foreign Wars built a cross in a remote part of Southern California to remember those troops who sacrificed their lives for the greater good.
Little did they know, seven decades later, the 8-foot-tall Latin cross would be the subject of a major Supreme Court case on religious rights.
The monument, which now stands in what has been designated by the federal government as Mojave National Park, became the subject of an Establishment Clause case when a former parks employee challenged the constitutionality of the cross. The lower courts ruled against the cross and, yesterday, the Supreme Court decided to hear the case causing those opposing the monument to express concern.
“We are disappointed that the Supreme Court agreed to review this case, but not surprised given that it challenges a congressional statute,” said Peter Eliasberg, managing attorney with the ACLU of Southern California.
At issue in the case are two constitutional issues that could greatly impact the ability the relationship between religious monuments and the government. The case will first address the issue of who has standing (the ability to bring a law suit), in Establishment Clause issues and it will also determine whether the government sale of property to a private entity can cure an Establishment Clause defect.
“The appeals court rightly found that the statute did not solve the Establishment Clause problem created by a large cross in the midst of a National Preserve; in fact, it compounded the problem by continuing to favor this one religious symbol that had already been granted unique access to federal property,” Mr. Eliasberg said. “We are hopeful that the Supreme Court will affirm the appeals court’s decision and send a clear message that the federal government must not endorse one religion over another.”
The debate over the cross has been ongoing and after the district court held the cross violated the Establishment Clause, Congress directed the Department of Interior to convey the one-acre of land the cross stands on to the VFW, a common occurrence when the government attempts to avoid establishment issues.
But the Ninth Circuit Court of Appeals held the conveyance was not enough to cure the Establishment Clause defect, thus sending the case to the high court.
“When the court denied the government’s petition for a rehearing en banc, five judges dissented,and noted that the Ninth Circuit’s decision was in conflict with decisions of the Seventh Circuit regarding the government’s authority to sell land to cure an Establishment Clause violation,” Jay Sekulow, Chief Counsel for the American Center for Law & Justice said. “The dissenters also stated that the cross has the secular purpose of memorializing fallen soldiers.”
Arguments in the case are expected this fall and a ruling could clarify a muddy portion of constitutional jurisprudence.
Joe Murray can be reached at jmurray@thebulletin.us
Little did they know, seven decades later, the 8-foot-tall Latin cross would be the subject of a major Supreme Court case on religious rights.
The monument, which now stands in what has been designated by the federal government as Mojave National Park, became the subject of an Establishment Clause case when a former parks employee challenged the constitutionality of the cross. The lower courts ruled against the cross and, yesterday, the Supreme Court decided to hear the case causing those opposing the monument to express concern.
“We are disappointed that the Supreme Court agreed to review this case, but not surprised given that it challenges a congressional statute,” said Peter Eliasberg, managing attorney with the ACLU of Southern California.
At issue in the case are two constitutional issues that could greatly impact the ability the relationship between religious monuments and the government. The case will first address the issue of who has standing (the ability to bring a law suit), in Establishment Clause issues and it will also determine whether the government sale of property to a private entity can cure an Establishment Clause defect.
“The appeals court rightly found that the statute did not solve the Establishment Clause problem created by a large cross in the midst of a National Preserve; in fact, it compounded the problem by continuing to favor this one religious symbol that had already been granted unique access to federal property,” Mr. Eliasberg said. “We are hopeful that the Supreme Court will affirm the appeals court’s decision and send a clear message that the federal government must not endorse one religion over another.”
The debate over the cross has been ongoing and after the district court held the cross violated the Establishment Clause, Congress directed the Department of Interior to convey the one-acre of land the cross stands on to the VFW, a common occurrence when the government attempts to avoid establishment issues.
But the Ninth Circuit Court of Appeals held the conveyance was not enough to cure the Establishment Clause defect, thus sending the case to the high court.
“When the court denied the government’s petition for a rehearing en banc, five judges dissented,and noted that the Ninth Circuit’s decision was in conflict with decisions of the Seventh Circuit regarding the government’s authority to sell land to cure an Establishment Clause violation,” Jay Sekulow, Chief Counsel for the American Center for Law & Justice said. “The dissenters also stated that the cross has the secular purpose of memorializing fallen soldiers.”
Arguments in the case are expected this fall and a ruling could clarify a muddy portion of constitutional jurisprudence.
Joe Murray can be reached at jmurray@thebulletin.us
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