April 30, 2010

Positivity: Supreme Court rules Mojave Desert Cross can stay

Filed under: Positivity — Tom @ 7:46 am

From Washington:

Apr 28, 2010 / 01:31 pm

The Supreme Court ruled on Wednesday that a federal court overstepped its boundaries in ordering the removal of a long-standing memorial cross in California’s Mojave Desert.

A white, seven-foot cross, which was erected as a memorial by the Veterans of Foreign Wars over 75 years ago in the Mojave National Preserve, will be allowed to stay.

Before today’s ruling, the cross was covered with a plywood box in accordance with a lower court’s order. A district court initially ruled that the cross had to be removed from the land.

Congress then enacted legislation ordering the Department of the Interior to transfer an acre of land which included the cross to the Veterans of Foreign Wars. A former National Park Service employee, Frank Buono, sued to have the cross removed or covered after the agency refused to allow the erection of a Buddhist memorial nearby.

Supreme Court justices told the federal judges on Wednesday that they did not take sufficient notice of the government’s decision to transfer the land to private ownership, and that they went too far in ordering the removal of a congressionally endorsed war memorial.

The Supreme Court ruling was 5-4, with the more conservative justices being in the majority.

Justice Paul Stevens, who was one of the four justices who opposed the memorial, told the Associated Press on Wednesday that although he believed fallen soldiers deserve a memorial, in his opinion the government “cannot lawfully do so by continued endorsement of a starkly sectarian message.”

Justice Anthony Kennedy, who supported the ruling, countered Justice Stevens, saying that “Here one Latin cross in the desert evokes far more than religion.”

Speaking on the wider implications of the memorial, Justice Kennedy stated that it also “evokes thousands of small crosses in foreign fields marking the graves of Americans who fell in battles, battles whose tragedies are compounded if the fallen are forgotten.” …

Go here for the rest of the story.

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