{"id":3059,"date":"2012-06-26T13:13:51","date_gmt":"2012-06-26T17:13:51","guid":{"rendered":"http:\/\/blog.beliefnet.com\/faithandjustice\/?p=3059"},"modified":"2012-06-26T13:13:51","modified_gmt":"2012-06-26T17:13:51","slug":"jay-sekulow-fight-continues-to-keep-mt-soledad-memorial-cross","status":"publish","type":"post","link":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/2012\/06\/jay-sekulow-fight-continues-to-keep-mt-soledad-memorial-cross.html","title":{"rendered":"Jay Sekulow: Fight to Keep Mt. Soledad Memorial Cross Will Continue"},"content":{"rendered":"

\"\"<\/a>It is an issue that we knew would get to the Supreme Court. But what happened yesterday isn’t exactly what we expected.<\/p>\n

As you know, the Mt. Soledad Veterans Memorial in San Diego has stood for nearly 60 years. For decades now, there have been legal challenges to get it removed. In 2006, Congress took the memorial by eminent domain from the city of San Diego because a court threatened to shut it down. At the time, Congress noted:<\/p>\n

The Mt. Soledad Veterans Memorial was dedicated on April 18, 1954, as “a lasting memorial to the dead of the First and Second World Wars and the Korean conflict” and now serves as a memorial to American veterans of all wars, including the War on Terrorism.<\/p>\n

Last year, a federal appeals court declared the federal government’s operation of the Mt. Soledad Veterans Memorial cross was unconstitutional. The reason: the memorial includes a commemorative cross. Ridiculous.<\/p>\n

We wanted the Supreme Court to take this case and overturn the troubling ruling. In fact, we filed an amicus brief<\/a> on behalf of 34 members of Congress requesting the high court take the case.<\/p>\n

In a surprise move yesterday, the Justices denied the request to take the case. That means the appeals court decision stands. However, there is still hope to save this memorial, as Justice Alito explains in the denial order:<\/p>\n

“The current petitions come to us in an interlocutory posture. The Court of Appeals remanded the case to the District Court to fashion an appropriate remedy, and, in doing so, the Court of Appeals emphasized that its decision \u201cd[id] not mean that the Memorial could not be modified to pass constitutional muster [or] that no cross can be part of [the Memorial].\u201d . . .<\/p>\n

Our denial, of course, does not amount to a ruling on the merits, and the Federal Government is free to raise the same issue in a later petition following entry of a final judgment.”<\/p>\n

Justice Alito also noted that just two years ago, in Salazar v. Buono, the Supreme Court upheld the transfer of a cross from public to private hands. He stated, \u201cCongress was ultimately able to devise a solution that was \u2018true to the spirit of practical accommodation that has made the United States a Nation of unparalleled pluralism and religious tolerance.\u2019\u201d<\/p>\n

Rep. Darrell Issa of California<\/a> put the issue into proper perspective: “Our founding fathers did not seek to scrub all religious expression from public spaces, but rather sought to create a government and a society that respected the practice of all religions. The Mt. Soledad War Memorial and the landmark Cross honor the veterans in the same vein as crosses that mark the gravesites of soldiers entombed at Arlington National Cemetery and other U.S. veterans cemeteries worldwide.”<\/p>\n

We couldn’t agree more. In fact, I want you to know that we remain dedicated to working with Congress and in the courts to keep this commemorative cross in place.<\/p>\n

Our veterans deserve nothing less.<\/p>\n

Jay Sekulow<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"

It is an issue that we knew would get to the Supreme Court. But what happened yesterday isn’t exactly what we expected. As you know, the Mt. Soledad Veterans Memorial in San Diego has stood for nearly 60 years. For decades now, there have been legal challenges to get it removed. In 2006, Congress took…<\/p>\n","protected":false},"author":401,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[8,427],"tags":[694,412,533,744],"class_list":["post-3059","post","type-post","status-publish","format-standard","hentry","category-supreme-court","category-war-memorial","tag-justice-alito","tag-mt-soledad-memorial-cross","tag-rep-issa","tag-supreme-court"],"yoast_head":"\nJay Sekulow: Fight to Keep Mt. 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Jay Sekulow is one of the leading defenders of constitutional rights and religious liberties in the United States. Over the past 25 years, Jay Sekulow has amassed an unparalleled record of accomplishment, arguing before the U.S. Supreme Court on 12 occasions. His aggressive litigation strategy before the Supreme Court has led to many landmark First Amendment victories. In his first case before the Supreme Court, Jews for Jesus, Jay Sekulow secured the right of religious groups to pass out tracks in airports. In Mergens, Jay Sekulow successfully protected the right of students to form Bible clubs and prayer groups on public school campuses. In Lamb\u2019s Chapel, Jay Sekulow cleared the way for churches to have equal access to public facilities in the same way that other groups are permitted to utilize those facilities. In the Bray and Operation Rescue cases, Jay Sekulow protected the free speech rights of pro-life advocates to be free from criminal prosecution for conveying their pro-life message. In McConnell v. FEC, Jay Sekulow protected the right of young people to engage in the political process by donating to the campaign of their choice. In Pleasant Grove, Jay Sekulow paved the way for governments to be able to display Ten Commandments monuments, and other monuments of their choosing, in public parks. Through the ACLJ, Jay Sekulow engages the political, legal, and cultural battles facing America today. He routinely works with Members of Congress, advising them on proposed legislation and representing them in critical legal matters. Jay Sekulow has also testified before Congress on the constitutionality of proposed legislation. Also, in addition to being a successful Supreme Court advocate, Jay Sekulow is a highly respected broadcaster. Jay Sekulow is the host of Jay Sekulow Live! which airs each weekday on over 850 radio stations nationwide, in addition Sirius and XM satellite radio. He brings insight and education to listeners daily through this national call-in radio program. He is also the host of the ACLJ This Week, the ACLJ\u2019s weekly television program. Jay Sekulow regularly appears on major media outlets, including FOX News, CNN, ABC, CBS, and NBC, where he is sought out for his vast experience in constitutional law and his unique insight into many of the pressing legal and political issues facing America today. He is frequently quoted in the nation's leading newspapers and often contributes opinion editorials to national publications. Jay Sekulow has also published numerous law review and other scholarly articles. Jay Sekulow has received numerous honors for his groundbreaking legal work in the area of free speech and religious liberties. The Legal Times has named Sekulow one of \u201cThe 90 Greatest Washington Lawyers of the Last 30 Years\u201d and the National Law Journal has twice named Sekulow one of the \u201c100 Most Influential Lawyers\u201d in the United States. In addition, TIME Magazine listed Jay Sekulow as one of the \"25 Most Influential Evangelicals\" in America. Jay Sekulow\u2019s legal work in defense of religious liberties and human rights extends beyond the United States, having founded the ECLJ in Strasbourg, France, which maintains consultative status with the United Nations. He has also opened offices in Pakistan, Africa, and Jerusalem, Israel. Jay Sekulow is a staunch defender of Israel, presenting arguments before the International Criminal Court at the Hague. His efforts in support of Israel\u2019s right to defend itself from terrorist attacks have been commended by Israeli government officials, one official stating, \"Jay was instrumentally-involved in projects that the President of Israel and the Prime Minister put on our national agenda.\" Jay Sekulow also has a passion for educating the next generation of religious liberty advocates. He is a member of the Regent University Law School Faculty as a Distinguished Professor of Law and routinely teaches courses on constitutional law and presents guest lectures. Jay Sekulow has also started educational programs in international human rights law in Strasbourg, France and at Handong University in South Korea. Jay Sekulow is a graduate of Mercer University, earning both a bachelor\u2019s degree and doctor of jurisprudence. Sekulow served on the editorial staff of the Mercer Law Review and graduated cum laude. He later earned a Ph.D. from Regent University, writing his dissertation on American Legal History. Jay Sekulow also serves on the Board of Trustees for The Supreme Court Historical Society in Washington, D.C. Jay Sekulow, ACLJ Chief Counsels full biography and video. Jay Sekulow on Facebook. Jay Sekulow on Twitter. Jay Sekulow on YouTube.","url":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/author\/jay_sekulow"}]}},"_links":{"self":[{"href":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/wp-json\/wp\/v2\/posts\/3059","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/wp-json\/wp\/v2\/users\/401"}],"replies":[{"embeddable":true,"href":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/wp-json\/wp\/v2\/comments?post=3059"}],"version-history":[{"count":5,"href":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/wp-json\/wp\/v2\/posts\/3059\/revisions"}],"predecessor-version":[{"id":3064,"href":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/wp-json\/wp\/v2\/posts\/3059\/revisions\/3064"}],"wp:attachment":[{"href":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/wp-json\/wp\/v2\/media?parent=3059"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/wp-json\/wp\/v2\/categories?post=3059"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/wp-json\/wp\/v2\/tags?post=3059"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}