OneNewsNow.com - ACLJ Chief Counsel Expects Mojave Cross to Stay

June 24, 2011

2 min read

American Heritage

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by Charlie Butts - OneNewsNow

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The U.S. Supreme Court has heard arguments in the Mojave Desert cross case -- and at least one attorney believes the cross will ultimately remain where it stands today.

First erected in 1934 to honor World War I veterans -- and replaced several times since -- the cross stands atop Sunrise Rock. But the American Civil Liberties Union wants it torn down. Justices on America's highest court heard arguments on Wednesday from both sides of the debate. (See earlier story)
 
Jay Sekulow of the American Center for Law & Justice tells OneNewsNow that several of the justices raised questions over the cross, which resides on government property.
 
"That's right -- even though the property is actually owned by the Veterans of Foreign Wars...it came from the government...," says Sekulow. "[T]here are some on the court who are so bent on not allowing any government acknowledgment of religion whatsoever, even in this case, that they would vote to strike it as unconstitutional.
 
"But at the end of the day I think we'll carry it," adds the attorney. "I think it's going to be close -- it could be [a] 5-4 [vote] -- but I think we'll carry the day."
 
According to Sekulow, Justice Anthony Kennedy could be the swing vote. "Justice Kennedy wrote the stay order in the Mt. Soledad cross case, which allowed that cross to stay. I think he'll do the same thing here," says the ACLJ attorney. The Mt. Soledad cross is in San Diego.
 
Sekulow says that in the plaintiffs' view, allowing any religious symbolism in a public place would be a violation of the constitution -- and they would like all of it removed. He believes the ACLU and their clients have overreached in this case and is hopeful that "will come back to haunt them a bit."
 
The cross has been covered in plywood for the past several years following court rulings.