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The Battle Over a Cross in the Desert |
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Prayer-Soldier writes "
On 24 Sep 09 the Pew Forum on Religion & Public Life published are report concerning the case of Salazar v. Buono to be brought before the Supreme Court on 7 Oct 09. The case is in relation to a cross that was erected in 1934 by the Veterans of Foreign Wars. The cross was placed on Sunrise Rock as a memorial to veterans of World War I. Sunrise Rock is a rock outcropping which is on public lands which is currently part of the Mojave National Preserve. According the the Pew Forum's review, the cross was maintained by various private organizations since its original placement. Over the years, the cross was replaced several times, most recently in 1998.
According to a 1 Sep 09 American Legion report, an ACLU lawsuit required that the memorial be concealed inside a wooden box until the case is resolved. The American Legion report related that in response to the effort to have the cross removed, Henry Sandoz, the person who placed the cross in 1998, and his wife Wanda offered to trade land for Sun Rise Rock so that the land upon which the cross stands as a memorial would become private property. The land would be turned over to VFW Post 385 for continued maintenance. The assumption was that if the property were made private, there would be no further conflict in relation to the Establishment Clause. Congress agreed to the transfer and enacted legislation in 2004 to authorize the Secretary of the Interior to transfer ownership.
As recounted in the petition to the Supreme Court, the 9th District Court determined that the Congressional effort was an unlawful effort to avoid the court's injunction. In the court’s view, “the government’s apparent endorsement of a particular religion has not actually ceased,” and “the proposed transfer of the subject property can only be viewed as an attempt to keep the cross atop Sunrise Rock without actually curing the continuing Establishment Clause violation.”
The possible consequences of the Supreme Court decision may be far reaching. Religious symbols abound in National Cemeteries across the land to honor our fallen veterans. Additionally, religious artwork is found through out numerous government buildings and monuments, to include the Supreme Court building where the final decision will be made. It would be ironic if the Supreme Court ruled that religious artwork must be cleared from all government buildings and property in that some of it was placed by the very founders of the Constitution.
The first amendment states, “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof;...” As the Supreme Court has ruled over the years, this has been interpreted that government must remain neutral in matters of religion and may take no action to advance any religion. Various litmus tests were created by various courts, but each continues to be problematic in application. It is ironic that the very amendment designed to ensure freedom of religion requires the citizenry of the nation to fight to retain recognition of the their Judeo-Christian heritage.
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Posted on Sunday, September 27 @ 00:17:13 MDT by admin
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