ACLJ to DOJ: Put Up Replacement War Memorial Cross in Mojave Desert

June 21, 2011

3 min read

American Heritage

A

A

(Washington, DC) -- The American Center for Law and Justice (ACLJ) said today it is sending a letter to the Department of Justice urging that a replica cross - fashioned after a cross displayed for decades as California's Mojave Desert Veterans Memorial which was stolen by vandals - be displayed on the same site.  The ACLJ letter contends that "not replacing the cross will essentially reward those who stole the cross" and argues that "failing to replace the stolen cross dishonors the memory of the veterans it was created to honor."

"It's appalling that vandals would remove a cross which has survived a constitutional challenge at the nation's highest court," said Jay Sekulow, Chief Counsel of the ACLJ.  "What's even more troubling is the fact that the federal government is opposed to permitting a replica cross to be put in place.  Americans want the decision of the Supreme Court honored.  And that means keeping the Mojave Desert War Memorial in place.  It's our hope that the original cross that's been stolen can be reclaimed and returned to its proper place.  Until then, though, displaying a replica cross creates no constitutional crisis and sends an important message - the vandals - who decided to take the law into their own hands - will not succeed.  We're calling on the Department of Justice to take the appropriate action without delay and permit the replica cross to be put up on Sunrise Rock."

The Supreme Court last month ruled that the cross put in place more than 70-years-ago by the VFW could remain in place - rejecting a constitutional challenge for its removal.  The ACLJ represented 15 members of Congress in an amicus brief filed with the high court supporting the display of the cross.

Shortly after the decision, vandals took the cross and within days a replacement cross had been fashioned.  The National Park Service has refused to put up the replica and now supporters are appealing to the Department of Justice for permission to put up the replacement cross.

The ACLJ is sending a letter to the Department of Justice, the Department of the Interior and the National Park Service urging the replacement cross to be displayed.

"There is no good reason for the National Park Service to forbid the Memorials caretakers from replacing the stolen cross," the ACLJ letter contends.  "Moreover, not replacing the cross will essentially reward those who stole the cross.  Finally, as Justice Alito recognized, removing the cross 'would have been viewed by many as a sign of disrespect for the brave soldiers whom the cross was meant to honor.'  Likewise, failing to replace the stolen cross dishonors the memory of the veterans it was created to honor. Therefore, we respectfully request that you permit the caretakers to replace the cross immediately."

The ACLJ letter is posted here.

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