Federal Court Cites ACLJ Brief Representing Members of Congress in Upholding Constitutionality of San Diego's Mt. Soledad Veterans Memorial

(Washington, DC) The American Center for Law and Justice (ACLJ), focusing on constitutional law, said today its pleased a federal court upheld the constitutionality of the Mt. Soledad Veterans Memorial and applauded the courts decision, which repeatedly cited the ACLJ amicus brief which represented more than 30 members of Congress. 

Were pleased that the court understood that this memorial is part of the historic landscape of San Diego and that this important symbol honoring military veterans is not only appropriate, but constitutional as well, said Jay Sekulow, Chief Counsel of the ACLJ, which has been active for years in defending the constitutionality of the Memorial and its cross.  Were also pleased that the court cited our amicus brief which raised significant issues that ultimately resulted in the finding that the Memorial is indeed constitutional.

In dismissing the lawsuit and in ruling that the Mt. Soledad Veterans Memorial can stay in place, U.S. District Court Judge Larry Alan Burns concluded:   When the cross is considered in the context of the larger memorial and especially the numerous other secular elements, the primary effect is patriotic and nationalistic, not religious . . . The Court finds the memorial at Mt. Soledad, including its Latin cross, communicates the primarily non-religious messages of military service, death and sacrifice. . . The memorial is Constitutional.

Further, Judge Burns repeatedly cited the ACLJ amicus brief, which represented 33 members of the 110th Congress.  The court noted the ACLJ argument that Congress acted properly when it cleared the way for the federal government to acquire the Mt. Soledad Veterans Memorial from the City of San Diego.

In his opinion, Judge Burns cited the ACLJ argument:   Like all democratically-elected bodies, Congress has a great interest in giving effect to the will of the people on issues of public importance. The widespread support among San Diego voters for the federal governments operation of the Memorial cut across religious, political, and cultural lines. (Brief of Congressional Amici at 4:1620.)

The court also noted that the ACLJ brief raised concerns that an adverse decision in the Mt. Soledad case would imperil numerous publicly owned and controlled veterans memorials and cemeteries, creating a wide-ranging impact.   This is a valid concern, wrote Judge Burns, bearing in mind the large number of crosses in military memorials.  But the court said it did not need to address this argument specifically since it found that the Mt. Soledad Veterans Memorial does not violate the Establishment Clause . . .

You can read the court's decision here.

The ACLJ represented 33 members of the 110th Congress:  Todd Akin, Gresham Barrett, Rob Bishop, Dan Burton, John Campbell, Eric Cantor, Steve Chabot, Michael Conaway, Barbara Cubin, John Culberson, John Doolittle, Tom Feeney, Virginia Foxx, Scott Garrett, Phil Gingrey, Louie Gohmert, Steve King, Jack Kingston, John Kline, Kenny Marchant, Patrick McHenry, Mike McIntyre, Gary Miller, Marilyn Musgrave, Sue Myrick, Randy Neugebauer, Steve Pearce, Joseph Pitts, Dana Rohrabacher, Tom Tancredo, Todd Tiahrt, Dave Weldon, and Lynn Westmoreland.

The ACLJ brief supported the City of San Diego and the U.S. government the defendants of a federal lawsuit that challenges legislation signed into law by President Bush in August 2006 which transferred control of the Memorial to the federal government.   The ACLJ filed the brief in conjunction with Advocates for Faith & Freedom a California-based religious liberties law firm which is serving as co-counsel in the case.

You can read the ACLJ amicus brief here.

In recent years, the ACLJ has been active in defending the constitutionality of the monument at both the state and federal levels.  More than 170,000 Americans including nearly 30,000 Californians, have signed on to the ACLJ Petition to Preserve the Mt. Soledad Veterans 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.