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.
