ACLJ Applauds LA Parish for Standing Up to ACLU Criticism of Memorial Cross to Honor Hurricane Katrina Victims

August 10, 2006

(Washington, DC) The American Center for Law and Justice (ACLJ) said today a Louisiana Parish under attack by the ACLU for plans to permit the construction of a memorial that includes a cross to honor hurricane victims is on firm legal ground and applauded the local government for its decision to stand-up against the ACLU.  The ACLJ has sent a letter to the president of St. Bernard Parish in Chalmette, LA providing a legal analysis of why their decision to permit construction of a memorial that includes a cross is constitutional.

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, said Jay Sekulow, Chief Counsel of the ACLJ.  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.

The ACLJ has sent an informational letter which includes a legal analysis of the plans for the memorial to St. Bernard Parish President Henry Junior Rodriguez.  In the letter, the ACLJ contends the plans to construct the cross memorial are fully consistent with First Amendment precedent and says the ACLU demand to eliminate the use of the cross amounts to censorship.  The ACLJ letter states:  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.

The 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.

The ACLJ has been deeply involved in protecting another memorial which includes a cross.  The ACLJ represents members of Congress in filing legal briefs in support of the Mt. Soledad memorial in San Diego which includes a cross honoring our war dead.  In that case, the Supreme Court put on hold a federal court order that would have removed the cross so legal appeals can move forward.  Congress also has passed legislation designed to save the memorial.

Led by Chief Counsel Jay Sekulow, the American Center for Law and Justice focuses on constitutional law and is based in Washington, D.C.