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By Jay Sekulow1307632480000

It's disappointing, but comes as no real surprise.  A three-judge panel of the U.S. Court of Appeals for the Ninth Circuit has declared the long-standing war memorial cross on top of a San Diego mountain unconstitutional - a violation of the Establishment Clause of the First Amendment.

As you may recall, we've been involved in this case for years - fighting to ensure that the cross survives legal challenges that now span decades.

The decision represents a judicial slap in the face to the countless military veterans honored by this memorial. This is a flawed decision that not only strikes at the heart of honoring our military veterans, it reaches a faulty conclusion that this iconic memorial - part of the historic landscape of San Diego - is unconstitutional. 

We filed an amicus brief with the 9th circuit in this case - nearly two years ago.  We represented 25 members of Congress, and now with this latest decision, we will stand ready to defend and support this memorial once again - either at the 9th circuit if the appeals court decided to have the case heard by the full panel, or at the Supreme Court of the United States, where this case ultimately is likely to end up.

This decision is generating a lot of media attention.  Some of the stories that include our reaction are posted here.  Also posted, is a summary of the decision which is located here.

Rest assured, we will continue with this fight.  The appeals court got this one wrong.  And, now while this already lengthy legal battle will be extended, we're confident that at the end of the road - the war memorial cross in San Diego will survive as a powerful symbol honoring our military veterans.


Never Forget

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Fourteen years ago today, terror struck American soil. Radical Islamic jihadists slaughtered thousands of innocent Americans in cold blood. Three years ago today, terrorists murdered American diplomats in Benghazi. Have we forgotten? These unprovoked attacks have not ceased. They have only...

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CASE UPDATE: Defending a WWII . . .

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Yesterday, a federal appeals court heard oral argument in a critical case we have been involved in to defend a historic war memorial from an angry atheist attack. When World War II veterans returned from fighting in Italy, they wanted to memorialize their brothers-in-arms who didn’t return home.

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With the July 4th holiday upon us, it is a good time to reflect on America’s founding principles and how we can ensure that our nation remains true to those principles, which made us the greatest country on Earth. As President Calvin Coolidge explained in 1926 during his address on the 150th...

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The Meaning of the American Flag

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June 14, 2015, is Flag Day, a day set aside for Americans to commemorate the adoption of the “Stars and Stripes” by the Continental Congress on June 14, 1777, as our official national flag. (June 14, 2015, also happens to be the 240th birthday of the United States Army .) Flag Day began to be...

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