From Liberty Institute, July 25, 2013 –
For more than 20 years, the Mt. Soledad Veterans Memorial Cross has been at the center of a dramatic legal battle, and this week, the ACLU finally submitted its brief in which it proposes a remedy to end the case…tear down the Cross.
The Mt. Soledad Veterans Memorial has stood since 1954 as a symbol of the selfless sacrifice and service of our nation’s military. The memorial contains a 29-foot cross, surrounded by six concentric walls that display more than 3,400 plaques containing the photos, names and diverse religious symbols of our fallen service men and women. For two decades, the ACLU has sought removal of the Memorial’s cross, claiming a violation of the so-called “separation of church and state.” In January 2011, the U.S. Court of Appeals for the 9th Circuit agreed with the ACLU and declared the cross unconstitutional.
In February 2012, on behalf of our client, the Mt. Soledad Memorial Association (MSMA), caretakers of the memorial, Liberty Institute filed a petition with the U.S. Supreme Court seeking to have the 9th Circuit decision overturned. In March 2012, the U.S. Department of Justice also joined our request.
Last summer, the U.S. Supreme Court denied our petition to hear oral arguments in the case for that time, but issued a special statement on the case and sent it back to the district court for a final order on the fate of the Memorial’s cross.
The federal district court judge in San Diego set a hearing for September to determine a remedy. In advance of that hearing, the ACLU submitted its brief this week in which is officially states its desire to have the cross permanently removed.
“The only remedy in this case that would be consistent with the Ninth Circuit’s opinion is to order the removal of the Cross from its current position at the center of the Memorial atop Mount Soledad. Plaintiffs do not believe—and the other parties have not offered them any reason to believe—that it is possible to keep the Cross where it is and add to or modify the rest of the Memorial in a way that cures the constitutional violation.”
Through your prayers and generous financial support, we have been able to continue the fight against the ACLU and protect the rights of our brave service members who gave their lives so that your freedoms would be protected. But, as you can see, the ACLU is unrelenting in its effort to see this sacred Cross permanently removed from public view, and we need your help to ensure this does not happen.
Please continue to pray for our legal team as we work tirelessly to prepare for this trial, and please, consider a gift today to help fund this critical effort. In a time when so much hangs in the balance, and the First Amendment rights of our honorable and brave service men and women is at stake, your financial support is absolutely crucial.
The outcome of this case will affect not only this veterans memorial, but also thousands of others across the nation. If the ACLU can force the government to tear down the Mt. Soledad Veterans Memorial Cross, where will it end? What will happen to the 20-foot Canadian Cross of Sacrifice or the Tomb of the Unknown Soldier in Arlington National Cemetery?
Liberty Institute is standing with our veterans, and we need you to stand with us. Please join us and help put a stop to the ACLU’s efforts to deny our veterans the very freedom they fought to protect.
About Liberty Institute Liberty Institute is a nonprofit legal group dedicated to defending and restoring religious liberty across America — in our schools, for our churches and throughout the public arena. Liberty’s vision is to reestablish religious liberty in accordance with the principles of our nation’s Founders. For information, visit www.LibertyInstitute.org.