ACLJ Represents Members of Congress in Asking Federal Appeals Court to Stay Order Removing Mt. Soledad Cross in San Diego

June 14, 2006

(Washington, DC) The American Center for Law and Justice (ACLJ), focusing on constitutional law, announced today it has submitted an amicus brief on behalf of 22 members of Congress asking the U.S. Court of Appeals for the Ninth Circuit to stay a federal court decision ordering the removal of the Mt. Soledad cross in San Diego while the Citys appeal proceeds.  The cross has been part of a war memorial for more than 50 years and the ACLJ brief argues that the district court failed to properly consider the remedy of San Diego transferring the cross and the memorial to the federal government.

To remove the Mt. Soledad cross before the legal appeals are concluded is not only deeply troubling, but legally flawed, said Jay Sekulow, Chief Counsel of the ACLJ, which submitted the brief.  This cross has been part of a war memorial for more than 50 years.  To remove it would not only send the wrong signal, but would be an insult to the men and women who gave their lives to defend our freedoms.  Theres a growing consensus among Californians, Americans and members of Congress:  leave the cross alone.  The fact is there is a workable solution thats being ignored transfer the cross and the memorial from the City to the federal government.  Unfortunately, the federal district court refused to give that option proper consideration by ordering the removal of the cross.  Were hopeful the appeals court will step in and halt the removal while the appeal moves forward.

In the amicus brief, the ACLJ represents itself and 22 members of Congress including numerous military veterans and the Chairman of the House Armed Services Committee, Rep. Duncan Hunter.  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.

Further, the ACLJ represents nearly 160,000 Americans including nearly 30,000 Californians have signed onto the ACLJs national petition urging officials to preserve the memorial.

The amicus brief highlights an important area of concern and points out that in December 2004 Congress designated the Mt. Soledad Veterans Memorial as a national memorial honoring veterans of the United States Armed Forces.  The Secretary of the Interior was instructed to accept, on behalf of the United States, all right, title, and interest of the City [of San Diego] in and to the Mt. Soledad Veterans Memorial in the event that the City offered to donate the Memorial.  In July 2005, San Diego voters overwhelmingly approved a ballot initiative authorizing the City to transfer the Memorial to the federal government. 

The brief contends the lower court erred by not giving this solution proper and thorough consideration before ordering the removal of the cross.

It is one thing for a trial court to hold that the United States Congress or a municipality violated the United States or California Constitution; it is another thing entirely for a court to render its decision  without even acknowledging that Congress has enacted legislation which deals directly with the specific property at issue in the litigation, the brief argues.

The brief asserts:  The City of San Diegos transfer of the Memorial to the federal government was a sensible way to remedy any remaining violations of the California Constitution, yet the District Court chose to order the City to remove the cross from the Memorial without any attempt to analyze the validity of the transfer.The District Courts refusal to even acknowledge the existence of the Citys attempt to remedy the constitutional problem, let alone analyze its validity, cries out for thorough appellate review.

The ACLJ amicus brief supports the Citys motion asking the appeals court to stay the lower court decision pending appeal.

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