ACLJ Files Briefs in California State Cases Involving Mt. Soledad
I received notice this morning that the California Court of Appeals has accepted the briefs that we filed in the Mt. Soledad state litigation. I have also received word today that the President could be signing the legislation protecting Mt. Soledad in the next few days. In the meantime, the ACLU continues its push to remove the Mt. Soledad cross despite the fact that we have received a tremendous order from the Supreme Court of the United States in the case. The California courts now have the issue, and we are working diligently to maintain this monument in place. The plaintiff in the case is absolutely committed to seeing the removal of this cross, despite the Supreme Courts order and the passage of the legislation that we helped put forward. He is exercising his rights to appeal. Just as he certainly has the right to appeal, we have an obligation to defend against this action.
On the radio broadcast today, I am going to be joined by Henry Junior Rodriguez, who heads up the St. Bernard Parish in Louisiana. Mr. Rodriguez has been very vocal in his opposition to the ACLUs attempt to remove a cross monument that is being put up in the St. Bernard Parish.
Once again, the ACLU is trying to sanitize America by embracing a legally flawed perspective designed to intimidate local government officials to remove all religious symbols this time involving a memorial on private property built with private funds. Without question, the decision to build a memorial that includes a cross on private property in St. Bernard Parish is constitutional and is supported by extensive case law. The ACLU is attempting to intimidate local government officials, and were delighted that officials have decided to stand-up against the ACLU and reject those bullying tactics. We admire the leadership of St. Bernard Parish and stand ready to assist them if necessary in protecting their right to permit construction of a memorial honoring victims of Hurricane Katrina.
The ACLU sent officials a letter in late July criticizing plans by St. Bernard Parish to permit a memorial that will feature a cross saying the use of the religious symbol violates the constitution. In our informational letter to St. Bernard Parish President Rodriguez, we contend that the plans to construct the cross memorial are fully consistent with First Amendment precedent, and the ACLU demand to eliminate the use of the cross amounts to censorship. We state: The speech activities of private citizens responsible for funding, planning, and building this memorial are fully protected by the First Amendment, which forbids the government from prohibiting the free exercise of religion or abridging the freedom of speech.
Our letter concludes: Given the clarity of First Amendment law with regard to the free speech rights of private citizens, only a fundamental misunderstanding of the facts (i.e. the private ownership of the location of the memorial) can explain the Louisiana ACLUs insistence on having the Hurricane Katrina memorial moved or changed. The Establishment Clause neither requires nor allows government suppression of private religious expression. We admire your commitment to honoring the freedom of speech of the memorials organizers and your willingness to stand up to the Louisiana ACLU on this issue.
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