Just like in the LA County Seal case:
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The ACLU has no objection to the central element of the seal, which is a depiction of the pagan Roman Goddess of Fertility. But those teeny-tiny crosses over on the right have to go...
Posted on 06/17/2004 1:55:04 AM PDT by risk
9th Circuit topples Mojave desert cross SAN FRANCISCO — A federal appeals court ruled yesterday that an 8-foot cross in the Mojave National Preserve is an unconstitutional government endorsement of religion.
Ruling 3-0 in Buono v. Norton, the 9th U.S. Circuit Court of Appeals upheld a lower court that had ruled against the cross, which has become both a war memorial and a place of worship at a Southern California desert site known as Sunrise Rock.
The case was brought by the American Civil Liberties Union on behalf of a retired National Park Service employee who objected to the religious symbolism of the steel-pipe structure, which sits about 10 miles south of Interstate 15 between Las Vegas and Barstow. The cross, the subject of constant attack by vandals, was constructed in 1934 by a group of World War I veterans. According to a plaque they placed nearby, the cross was intended as a memorial, but has since attracted Christian worshipers. The cross has been covered by a heavy tarp after a federal judge in Riverside sided with the ACLU in 2002, ruling that the "primary effect of the presence of the cross" was to "advance religion." The San Francisco-based appeals court, however, did not indicate whether the cross must be immediately removed or whether it can remain covered pending new appeals. "We think this opinion makes it clear that the government has an obligation to take down the cross as soon as possible," said Peter Eliasberg, an ACLU attorney.
The park service did not return calls seeking comment yesterday on whether it would ask the 9th Circuit to reconsider, appeal to the Supreme Court or drop its appeals and remove the cross. Sixty years after the cross was constructed, Congress in 1994 declared the 1.6 million-acre area, which is covered with Joshua trees, a national preserve under the National Park Service's jurisdiction. The park service, however, defended the cross in court, saying the outcropping it rests on was being transferred to a local Veterans of Foreign Wars post in exchange for five acres of privately held land near the preserve, which is in San Bernardino County. Congress has also declared the site a war memorial. The government told the court that the pending land transfer made the case moot. But the appeals court said the transfer could take years, meaning that the cross was still on public land. Judge Alex Kozinski, a Reagan appointee, said that, even if the land was transferred, the cross may still be a government endorsement of religion. In ruling against the government, Kozinski noted that the park service has not opened the cross site to other permanent displays, religious or not. In 1999, the park service rejected an application for a monument to Buddha near the cross. Previous
By The Associated Press
06.08.04
Park Service covers California desert cross
Justice Department recommended action while it appeals federal judge's ruling ordering removal of Christian symbol from Mojave National Preserve site. 03.15.03
I see the good and bad in both. The 9th is appointed by people with a weak sense of intellectual clarity. I don't know what else to do but spread the word that their conclusions are dangerous in many instances. One of the worst rulings they made recently was to suggest that the second amendment only preserves the right to keep and bear arms for the national guard. But we vote for the people who appoint these judges. We ourselves are to blame for their misuse of authority. I also blame the ACLU for taking advantage of very positive aspects of our Constitution to twist meaning around. The ACLU is very good at reframing arguments. We have to get better at that ourselves.
Next headline: "Supreme Court Overturns 9th Circuit's Minivan"
Every time the ACLU "wins" one of these cases, 500,000 more undecided voters pull the lever for the Republican. Let's hope the trend continues.
While all of the drama plays out in our courts, the memorial is being covered and recovered, and sometimes defaced by lawless criminals who face little or no resistance from our law enforcement officials. I would like to see this memorial better protected while we wait for the courts to finally rule that the memorial, like gravestones in a military cemetery, has a permanent place in our nation's history.
It deserves our protection.
The lawlessness of those who hate this monument enough to desecrate it speaks volumes about their lack of honor.
remind these left-wing radical activists judges, lawyers, and politicians that the Second Amendment to the Constitution of the United States was written to PROTECT US from TYRANNICAL GOVERNMENTS! Our own!
The drafters realized that the politicians, lawyers, and judges would eventually find that they could decree themselves MASTERS over the free citizens. The Second Amendment is OUR direct recourse of action to right the wrongs created by these dictators.
I think that may be just exactly right.
Just like in the LA County Seal case:
The ACLU has no objection to the central element of the seal, which is a depiction of the pagan Roman Goddess of Fertility. But those teeny-tiny crosses over on the right have to go...
Hey, if my position had just been upheld by the 9th Circuit, I'd wanted acted on as soon as possible also.
The ALCU is removing the freedom to express religion on Government land, land that the Constitution says the Government does not have the right to claim in the first place!
If law breaker A makes a deal with Law breaker B to make law abider C do what is not a law, is there any freedom left under the Constitution they both use to hide behind?
Will any of them eat when the economy collapses under their bloodsucking weight? Because neither Lawyers or Politicians know how to actually produce anything. Both exist on what they can convince other producing people to give them by hook or crook.
Indeed!
This is sickening. This decision - and all those regarding church and state - is clearly lacking in constitutional logic and the courts should hang for engaging in and promoting cross burning. They should be penalized for listening to such a blatantly frivilous case in the first place.
No. It was placed there as a reminder that brave and courageous men fought for their country and the US Constitution so lesser men could be free along the ACLU to continue to slam America and American values.
Thanks for the ping!
Yep, the only religion they'll "allow" is Islam. I'm sure it's only a matter of time before they start ordering churches to be blown up, just like the 10,000 year old Buddhist statues in Afghanistan.
The Muslim call to prayer in Hamtranck, Michigan is going to stop soon, right ACLU?
Ruth Bader-Ginsberg was the Chief Counsel for the ACLU...look where she is now!
The Tyranny of the Minority strikes again. I have one suggestion-When ANYONE is running for ANY elected office, even dog catcher, I want their political party affiliation listed right next to their name.
This goes for judges especially. I'm tired of having to guess about this- or having to make an extra call to find out if my party endorses them.
I asked about putting the party name of judges on the ballot once and was told "judges are supposed to be impartial, therefore it's not necessary to put what political party they are registered with."
This is pure BS. Especially since there are "activist" judges. The people have a right to know what party these candidates identify themselves with. There needs to be a D or R next to every name on the ballot.
Somewhat related: http://www.worldnetdaily.com/news/article.asp?ARTICLE_ID=22069.
The Liberty Sucking Vampires can't bear the sight of the cross and must do their dirty work under the darkness of activists courts. The seek to destroy the Light of Providence that overlooks our country.
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