The Mojave Cross is a memorial to the fallen of WWI, installed by the Veterans of Foreign Wars in 1934. Seven feet tall, it stands in the Mojave Desert National Monument, a 1.6-million acre natural preserve. Several years ago, a retired National Park Service employee, Oregonian Frank Buono, complained about the religious symbol on public land. Not only was it a Christian symbol, but since 1984, regular Easter services were held at the cross. The National Parks Service determined that it had become not a war memorial but a religious shrine, and thus ineligible for inclusion in the National Register of Historic Places.
The U.S. 9th Circuit Court of appeals previously found that the cross had to be removed, as it violated the Establishment Clause. Congress transferred the land the cross stands upon to private ownership in 2003, but this end-run did not stop further court action. Pending appeal, the VFW encased the cross in plywood so the religious symbol could not be seen (photo above).
By a vote of 5-4, the Supreme Court overturned the lower court’s ruling.
Justice Anthony Kennedy delivered the majority opinion. In part,
The goal of avoiding governmental endorsement does not require eradication of all religious symbols in the public realm. A cross by the side of a public highway marking, for instance, the place where a state trooper perished need not be taken as a statement of governmental support for sectarian beliefs. The Constitution does not oblige government to avoid any public acknowledgment of religion’s role in society . . . Here one Latin cross in the desert evokes far more than religion. It evokes thousands of small crosses in foreign fields marking the graves of Americans who fell in battles, battles whose tragedies are compounded if the fallen are forgotten.
In this statement, Kennedy indicated his position on another case currently working its way through the courts, that of California’s policy of erecting 12-foot crosses beside highways.
The full opinion may be read HERE.
Justice Stevens wrote the dissenting opinion:
Justice John Paul Stevens dissented today, arguing that the land transfer could itself be considered a promotion of religion. If the land had been privately owned to begin with, he wrote, there would be no question that the statue is permissible under control of the veterans.
“But the Government does own this land, and the transfer statute requires the executive branch to take an affirmative act — transfer to private ownership — designed to keep the cross in place,” Stevens wrote, joined by Justices Sonia Sotomayor and Stephen Breyer.
Conservative Christian groups are claiming a broad-spectrum victory in this case.
Alliance Defense Fund Senior Counsel Joseph Infranco comments,
A passive monument acknowledging our nation’s religious heritage cannot be interpreted as an establishment of religion. To make that accusation, one must harbor both a hostility to the nation’s history and a deep misunderstanding of the First Amendment.
Matthew Staver, dean of (Jerry Falwell’s) Liberty University School of Law and founder of Liberty Counsel, takes Infranco’s sentiments to the next level:
Passive displays like the World War I Memorial, the Ten Commandments, nativity scenes, or statements like the national motto do not force anyone to participate in a religious exercise and, thus, do not establish religion. This case reveals the extremism of the ACLU. For 75 years this cross in the Mojave Desert did not disturb anyone. It stood as a memorial to the heroes of World War I. Removing this memorial would be an insult to our war veterans. Doing so under the guise of the First Amendment is an insult to the framers of the Constitution. For now the cross will remain.
Before the decision was handed down, Richard Thompson of the Thomas More Law Center warned of the far-reaching implications of the decision and equated those who favor the separation of church and state with soulless, demonic creatures:
The ACLU hates crosses as much as vampires hate crosses or the daylight. Despite their claims to the contrary, this case is part of the ACLU’s national agenda to incrementally remove every cross on public land. Their guiding principle is ‘out of sight out of mind.’ The court’s ruling in this case will impact crosses in thousands of memorials nationwide.
One wonders if Thompson meant to include Rev. Barry W. Lynn (executive director of Americans United for Separation of Church and State) among the demonic forces which so terrify and enrage him. Lynn reacted to the ruling:
It’s alarming that the high court continues to undermine the separation of church and state. Nothing good can come from this trend. The court majority seems to think the cross is not always a Christian symbol. I think all Americans know better than that.
Muslim and Jewish veterans’ groups commented in court documents that they felt excluded by the use of a Christian symbol.
No commentary by nontheistic veterans has been noted in the mainstream press.
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