Oct 1, 2009 by Bruce
Supreme Court hears Establishment clause case
Pro-family leader Kelly Shackelford is having a busy year. Besides his involvement in the ACORN lawsuit, he is representing the Veterans of Foreign Wars in a First Amendment case, scheduled to be heard by the Supreme Court on October 7. Since the United States is the principal defendant in the case, Kelly’s helping the U.S. Solicitor General, Elana Kagan, prepare for the oral argument. He’s also penned an amicus brief on behalf of the VFW.
What’s at stake in this case? The Mojave Desert Veterans Memorial – a cross erected over 75 years ago by private citizens on federal land in the middle of absolutely nowhere, California. So of course the ACLU religion-scrubbing squad found someone who was willing to drive out there, be offended by it, and start a lawsuit.
Crosses have a long history of being used in many places, including on federal land, as markers or memorials. Think of Arlington National Cemetery. But somehow this Mojave Desert memorial has struck a nerve over at the ACLU. The federal government even bent over backwards in this case by transferring the small patch of land on which the memorial stands to the private group that takes care of this cross, in order to avoid the inference that the government is “favoring” the Christian religion. Not good enough for the ACLU. Besides the land “transfer” issue, the Court will examine the issue of “standing” (i.e. has this plaintiff suffered a concrete injury entitling him or her to bring a lawsuit?).
More info on that case can be found at www.donttearmedown.com.
I will admit, I’m very torn on this. While I think the pledge lawsuit was a stretch, and I’m glad that it was ruled how it was (that the pledge is constitutional) – things like this make me nervous.
Utah is majority Mormon. Inner city districts are often majority muslim or other religions. If I walked into a courtroom, or drove by federal land in one of those places and saw images from Islam, or a statue of Joseph Smith – I would have an issue with that. So I wonder if it is hypocritical of me to say people shouldn’t have an issue with the cross on federal lands?
I don’t know – would you be fine going into a courthouse and seeing the Islamic version of the ten commandments from the Quran?
This looks like the ACLU has money to burn to fund these lawsuits. They are unnecessary. If the person is so offended by a cross out in the middle of the desert, just don’t go there. Maybe I am offended by seeing a house in a certain place which obstructs my view of a certain natural fixture. Maybe I should sue to have it removed.