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[SU] LAW LEG REL AVO
TO LEGAL AFFAIRS, NATIONAL, AND RELIGION EDITORS:
ACLJ & Members Of Congress Urge Supreme Court To Take CA War Memorial
Cross Case And Keep Memorial In Place
WASHINGTON, April 7, 2014 /PRNewswire-USNewswire/ -- The American
Center for Law and Justice (ACLJ), which focuses on constitutional
law, has filed an amicus brief representing 13 members of Congress
urging the Supreme Court to take a California case involving the Mt.
Soledad Veterans Memorial - and keep the memorial - which includes a
commemorative cross - in place in San Diego.
In the latest chapter in a quarter century legal battle seeking to
remove the memorial's commemorative cross, a federal court in December
2013ordered that the memorial's cross must come down, in light of a
decision by the U.S. Court of Appeals for the Ninth Circuit declaring
the memorial unconstitutional.
The ACLJ's amicus brief, posted here, urges the high court to take the
case and keep the memorial in place.
"It is time for the Supreme Court to put this issue to rest once and
for all," said Jay Sekulow, Chief Counsel of the ACLJ, which has been
active for years in defending the constitutionality of the memorial
and its cross. "There is nothing unconstitutional about the Mt.
Soledad Veterans Memorial. It is consistent with the Establishment
Clause of the First Amendment. And, it has been part of the historic
landscape of San Diego for a century."
In its amicus brief to the Supreme Court backing a Petition for a Writ
of Certiorari, the ACLJ notes that since the Ninth Circuit appeals
court has already issued an opinion in this case, it is appropriate
and necessary for the high court to accept the case and settle this
dispute. The brief argues:
"Granting certiorari at this juncture is appropriate because any
further proceedings before the Ninth Circuit would be futile. That
court has already concluded that the Mt. Soledad cross constitutes an
impermissible endorsement of religion and has denied a petition for
rehearing en banc with respect to this conclusion. The certiorari
petition, moreover, raises issues of imperative public importance in
light of Congress' desire to preserve a veterans' memorial that
originated over a century ago. . . . The federal government's
operation of the Memorial is constitutionally sound and the Ninth
Circuit's decision should be reversed."
As the ACLJ has stated on numerous occasions, the decision ordering
the removal of the memorial is deeply flawed and runs counter to
Supreme Court precedent.
Sekulow added: "The Supreme Court has concluded in the past that 'a
Latin cross is not merely a reaffirmation of Christian beliefs. It is
a symbol often used to honor and respect those whose heroic acts,
noble contributions, and patient striving help secure an honored place
in history for this Nation and its people.' We're hopeful the high
court will take this case and determine that this historic memorial
should remain in place."
In its friend-of-the-court brief, the ACLJ represents itself and 13
members of Congress: United States Representatives Duncan Hunter,
Randy Forbes, Rob Bishop, Michael Conaway, Jeff Duncan, Vicky
Hartzler, Tim Huelskamp, Bill Johnson, Walter Jones, Mike Kelly, James
Lankford, Jeff Miller, and Lynn Westmoreland - currently serving
members of the 113th Congress.
The brief was also joined by Advocates for Faith and Freedom, a
California-based law firm dedicated to protecting religious liberty
and family values.
Led by Chief Counsel Jay Sekulow, the American Center for Law and
Justice focuses on constitutional law and is based in Washington,
D.C. The ACLJ is online at www.aclj.org.
MEDIA CONTACTS: For Print: Gene Kapp (757) 575-9520 For
Broadcast: Chandler Epp or Alison Geist (770) 813-0000
SOURCE American Center for Law and Justice
-0- 04/07/2014
/Web Site: http://www.aclj.org
CO: American Center for Law and Justice
ST: District of Columbia California
SU: LAW LEG REL AVO
PRN
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