Representatives of major veterans’ groups on Thursday called on the Supreme Court to allow the Mojave Desert Veterans Memorial to stand within the Mojave Desert Preserve in California, and to reject Establishment Clause arguments against it.
The fate of the memorial, a seven-foot-tall cross first built in 1934, will be decided by the high court in Salazar v. Buono, set for argument in the fall. A challenge to the cross, led by the American Civil Liberties Union, has been successful thus far, with the 9th U.S. Circuit Court of Appeals ruling twice that the cross violated the Establishment Clause of the First Amendment. In the second ruling, the court said that intervening congressional action transferring the land surrounding the cross to a private party did not cure the constitutional problem. The cross is still standing but is covered by a plywood box pending the outcome of the case.
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