Supreme Court Protects War Memorial Cross

In a very closely-watched case, the Supreme Court today ruled ruled that a World War I memorial in Californias Mojave Desert that features a memorial cross can remain in place.

As you recall, we were involved in this case - filing an amicus brief with the high court on behalf of 15 members of Congress.

The decision today is an important one and represents a victory against anti-religious hysteria.  We're pleased that the court has reversed the 9th Circuit and allowed the cross to remain in place.  The court has sent a a message that the mere existence of a religious symbol in a public place does not create a constitutional crisis.  You can read a summary of the opinion here.

The high court said the Constitution "does not require the eradication of all religious symbols in the public realm."  The court also stated:  "The Constitution does not oblige government to avoid any public acknowledgment of religions role in society. . . . Rather, it leaves room to accommodate divergent values within a constitutionally permissible framework."

In the opinion written by Justice Anthony Kennedy, the court correctly concluded that "a Latin cross is not merely a reaffirmation of Christian beliefs. It is a symbol often used to honor and respect those whose heroic acts, noble contributions, and patient striving help secure an honored place in history for this Nation and its people. Here, one Latin cross in the desert evokes far more than religion. It evokes thousands of small crosses in foreign fields marking the graves of Americans who fell in battles, battles whose tragedies are compounded if the fallen are forgotten."

The court's complete decision is posted here.

In our amicus brief, which is posted here, we represented the following members of Congress: House Minority Leader John Boehner as well as U.S. Representatives Todd Akin, Michele Bachmann, Roy Blunt, Eric Cantor, Randy Forbes, Scott Garrett, Walter Jones, Jim Jordan, Doug Lamborn, Thaddeus McCotter, Jeff Miller, Mike Pence, Joseph Pitts and Joe Wilson. 

The war memorial in question was erected more than 70 years ago by Veterans of Foreign Wars (VFW) to honor fallen service members in a remote area that is now part of a federal preserve.  After the National Park Service denied a request to build a Buddhist shrine near the cross in 1999 and declared its intent to remove the cross, Congress designated the cross and an area of adjoining property as a national World War I memorial. 

The Supreme Courts ruling now insures that the cross will remain a part of the memorial.