ACLJ asks Supreme Court to Step In and Stay Court Order Calling For Removal of Mt. Soledad Cross in San Diego

June 28, 2006

(Washington, DC) On behalf of 22 members of Congress, the American Center for Law and Justice (ACLJ) today filed an amicus brief with the Supreme Court of the United States supporting the City of San Diegos Petition for a Writ of Certiorari which asks the high court to stay the court-ordered removal of the Mt. Soledad cross while appeals proceed.

This is a case that deserves the attention of the nations highest court, said Jay Sekulow, Chief Counsel of the ACLJ.  With the clock running and a federal appeals court that rejected the citys request without giving it proper consideration the Supreme Court has an important opportunity to step in and put the brakes on a legal process that fast-tracks the removal of the cross.  The cross has been part of a war memorial for more than half a century.  This unprecedented rush to remove the cross is senseless and we believe there should be adequate time to permit the appeals process to unfold.

The brief argues:  A stay should be granted because the federal and California appellate courts should be allowed to decide the important constitutional issues raised in this case.  The longstanding, venerable tradition of using crosses as a symbol of commemoration at veterans and other memorials is fully consistent with this Courts Establishment Clause cases.

In its brief, the ACLJ which focuses on constitutional law argues that the federal district courts order squarely conflicts with an act of Congress that instructed the Secretary of the Interior to accept the Mt. Soledad cross offered by the city. 

The ACLJ represents 22 members of Congress including numerous military veterans and the Chairman of the House Armed Services Committee, Rep. Duncan Hunter of California.  In addition to Hunter, the other members of the U.S. House of Representatives who have signed onto the brief are:  Todd Akin, Gresham Barrett, Eric Cantor, Michael Conaway, Barbara Cubin, John Culberson, Phil Gingery, Gil Gutknecht, Jack Kingston, John Kline, Kenny Marchant, Patrick McHenry, Mike McIntyre, Gary Miller, Marilyn Musgrave, Randy Neugebauer, Joseph Pitts, Jim Ryun, Todd Tiahrt, Dave Weldon, and Lynn Westmoreland.

The brief concludes:  The public has a vital interest in ensuring that centuries-old American traditions and practices are not declared unconstitutional without careful and accurate judicial review of all issues involved. The Establishment Clause certainly does not require that crosses be removed from Mount Soledad, Arlington National Cemetery, and the countless other places across the country where the lives and sacrifices of veterans are commemorated. This Court should issue a stay to ensure that the federal and state appellate courts are given the opportunity to correct the District Courts clear misapplication of precedent.

In addition to filing the brief today at the Supreme Court, the ACLJ filed an amicus brief with the U.S. Court of Appeals for the Ninth Circuit, which rejected the appeal.

In addition to the brief, the ACLJ has heard from more than 170,000 Americans including nearly 30,000 Californians who have signed onto the ACLJs national petition urging officials to preserve the memorial.

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