Supreme Court Victory – Mojave Cross War Memorial Saved

             This week, in Salazar v. Buono, the United States Supreme Court saved a Cross that has been dedicated as a war memorial in San Bernardino, California.  The Cross stands no more than eight feet tall, but has been the center of a lengthy legal battle regarding whether or not the Cross can remain standing despite the constitutional challenges that were brought by the ACLU on behalf of an Oregon resident who maintains that he regularly visits the area. 

            In 2004, Congress ordered that the land on which the Cross rests should be transferred in a land swap to a private owner.  The bill further provided that the land was to revert to federal ownership if it was no longer maintained as a war memorial.  The federal district court judge that heard the case ruled that the Cross was to be covered by a plywood box because the display was unconstitutional.  Not surprisingly, the Ninth Circuit agreed and held that the display was unconstitutional.  

            Advocates’ attorneys filed an amicus brief with the United States Supreme Court on behalf of the American Legion Department of California, supporting the constitutionality of the Cross and Congress’ authority to allow the land swap to take place in order to assure the continued existence of the war memorial.  The Supreme Court stated that Congress’ actions were constitutional when it permitted the land to be swapped to a private owner, with some Justices also arguing that the Oregon resident who brought the lawsuit, Mr. Buono, was not sufficiently and directly impacted to file the lawsuit.  

            This information is provided by Advocates for Faith and Freedom, a non-profit religious law firm dedicated to protecting religious liberty in the courts!  To help us in our ongoing battle for religious freedom, click here to donate to Advocates.