Federal Court: Mt. Soledad Memorial Constitutional; ACLJ Brief Cited

The Mt. Soledad Veterans Memorial in San Diego is constitutional.  Thats the finding of a U.S. District Court in San Diego and the latest decision in a lengthy legal battle that has spanned several decades.

 

The latest decision is very important.  U.S. District Court Judge Larry Alan Burns upheld the constitutionality of the Memorial with this important decision:

 

When the cross is considered in the context of the larger memorial and especially the numerous other secular elements, the primary effect is patriotic and nationalistic, not religious . . . The Court finds the memorial at Mt. Soledad, including its Latin cross, communicates the primarily non-religious messages of military service, death and sacrifice. . . The memorial is Constitutional.

 

As you recall, we filed an amicus brief with the court on this case representing more than 30 members of Congress.  The focal point of our argument was that Congress acted appropriately in paving the way for the federal government to take control of the Memorial from the City of San Diego.  You can read our ACLJ amicus brief here.  

 

After analyzing the courts 36-page opinion, were delighted that the court repeatedly cited our brief and noted our argument that Congress acted properly when it cleared the way for the federal government to acquire the Mt. Soledad Veterans Memorial from the City of San Diego.

 

In his opinion, Judge Burns cited our argument:

 

Like all democratically-elected bodies, Congress has a great interest in giving effect to the will of the people on issues of public importance. The widespread support among San Diego voters for the federal governments operation of the Memorial cut across religious, political, and cultural lines. (Brief of Congressional Amici at 4:1620.)

 

The court also noted that our brief raised concerns that an adverse decision in the Mt. Soledad case would imperil numerous publicly owned and controlled veterans memorials and cemeteries, creating a wide-ranging impact.  This is a valid concern, wrote Judge Burns, bearing in mind the large number of crosses in military memorials.  But the court said it did not need to address this argument specifically since it found that the Mt. Soledad Veterans Memorial does not violate the Establishment Clause . . .  You can read the courts decision here.  

 

The ACLU has indicated that it may appeal this decision to the U.S. Court of Appeals for the Ninth Circuit.  If that happens, we will continue to stand in support of the Memorial and file briefs with the appeals court.

 

Its time this issue was put to rest once and for all.  The Memorial is constitutional.  This latest court decision confirms what most Americans understand and believe:  that the Mt. Soledad Veterans Memorial is part of the historic landscape of San Diego and should not be removed.  Further, the Memorial is an important symbol honoring military veterans.

 

You can read our summary of the opinion here.  We will keep you posted as developments in the case unfold.