{"id":133,"date":"2009-02-23T15:09:14","date_gmt":"2009-02-23T15:09:14","guid":{"rendered":"http:\/\/blog.beliefnet.com\/lynnvsekulow\/2009\/02\/supreme-court-keep-the-cross.html"},"modified":"2009-02-23T15:09:14","modified_gmt":"2009-02-23T15:09:14","slug":"supreme-court-keep-the-cross","status":"publish","type":"post","link":"https:\/\/www.beliefnet.com\/columnists\/lynnvsekulow\/2009\/02\/supreme-court-keep-the-cross.html","title":{"rendered":"Supreme Court: Keep the Cross"},"content":{"rendered":"

OK, Barry, it took a while – more than a few posts – but I am pleased you finally articulated your opposition to bringing back the Fairness Doctrine.<\/font><\/p>\n

I only hope you can agree with me on this one.<\/font><\/p>\n

The Supreme Court today agreed to take an important religion case out of California where a cross has been displayed in the Mojave Desert for since the 1930’s.  <\/span>The Supreme Court said it would hear the California case where a federal appeals court has ordered the removal of the cross, rejecting a move by Congress to transfer the ownership of the land upon which the cross sits to a private party.<\/font><\/p>\n

Barry, I am sure you’ll agree that this is an important case that will once again put the spotlight on the constitutionality of religious displays and the proper role of the government and its actions.  <\/span><\/font><\/font><\/font><\/p>\n

<\/p>\n

This is a case where the Veterans of Foreign Wars erected a cross more than 70 years ago to memorialize fallen service members in a remote area that is now part of a federal preserve.  <\/span>After the National Park Service denied a request to build a Buddhist shrine near the cross in 1999 and declared its intent to remove the cross, Congress designated the cross and an area of adjoining property as a national World War I memorial.  <\/span><\/font><\/font><\/font><\/p>\n

A lawsuit was filed challenging the cross and, after the federal district court held that the federal government’s display of the cross violated the Establishment Clause, Congress directed the Department of the Interior to convey one acre of property that included the memorial to the VFW in exchange for a five-acre parcel of equal value.  <\/span>But the U.S. Court of Appeals for the Ninth Circuit determined that the cross – and the land transfer – violated the Establishment Clause.<\/font><\/p>\n

When the appeals court denied the government’s petition to rehear the case, five judges dissented and noted that the Ninth Circuit’s decision was in conflict with decisions of the Seventh Circuit regarding the government’s authority to sell land. The dissenters also stated that the cross has the secular purpose of memorializing fallen soldiers.<\/font><\/p>\n

The fact is that the land transfer in this case is appropriate and constitutional. There’s nothing wrong – or unconstitutional – with the government transferring property containing symbols with religious significance to private parties.  <\/span><\/font><\/font><\/font><\/p>\n

We’re preparing an amicus brief to be filed with the Supreme Court on behalf of the government’s position.  <\/span>And it is our hope that the high court will conclude that the long-standing display of this cross should stay in place and that the action by the federal government represented a constitutionally-sound solution.<\/font><\/p>\n

Let me guess, Barry, you want the cross to go?<\/font><\/p>\n","protected":false},"excerpt":{"rendered":"

OK, Barry, it took a while – more than a few posts – but I am pleased you finally articulated your opposition to bringing back the Fairness Doctrine. I only hope you can agree with me on this one. The Supreme Court today agreed to take an important religion case out of California where a…<\/p>\n","protected":false},"author":163,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[2,66],"tags":[],"class_list":["post-133","post","type-post","status-publish","format-standard","hentry","category-courts","category-religious-displays"],"yoast_head":"\nSupreme Court: Keep the Cross - Lynn v. 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Jay Sekulow has also served as a faculty member for the Office of Legal Education at the United States Department of Justice.  As a member of the faculty he instructed Assistant United States Attorneys and investigators in the First Amendment issues associated with prosecution of obscenity. An accomplished and respected judicial advocate, Sekulow has presented oral argument before the U.S. Supreme Court in numerous cases in defense of constitutional freedoms. Several landmark cases argued by Sekulow before the U.S. Supreme Court have become part of the legal landscape in the area of religious liberty litigation.  In the Mergens case, Sekulow cleared the way for public school students to form Bible clubs and religious organizations on their school campuses.  In the Lamb's Chapel case, Sekulow defended the free speech rights of religious groups, ensuring that they be treated equally with respect to the use of public facilities.  And, most recently, in McConnell v. FEC, Sekulow ensured that the constitutional rights of young people remain protected with a unanimous decision by the high court guaranteeing that minors can participate in political campaigns. A nationally recognized and respected defender of religious freedom, Sekulow has assembled one of the most prestigious law firms in the nation.  Founded in 1990, the American Center for Law and Justice focuses in constitutional law.  The ACLJ, under Sekulow's direction, is involved in public interest and public policy issues working to protect religious and constitutional liberties. In 2007, the Chicago Tribune concluded that the ACLJ has \"led the way\" in Christian legal advocacy.  In 2005, TIME Magazine named Sekulow one of the \"25 Most Influential Evangelicals\" in America and called the ACLJ \"a powerful counterweight\" to the ACLU.  Business Week said the ACLJ is \"the leading advocacy group for religious freedom.\"  Sekulow's work on the issue of judicial nominees - including possible vacancies at the Supreme Court - has received extensive news coverage including a front page story in The Wall Street Journal.  In addition, The National Law Journal has twice named Sekulow one of the \"100 Most Influential Lawyers\" in the United States (1994, 1997).  He is also among a distinguished group of attorneys known as \"The Public Sector 45\" named by The American Lawyer (January\/February 1997).  The magazine said the designation represents \"45 young lawyers outside the private sector whose vision and commitment are changing lives.\" Sekulow brings insight and education to listeners daily with his national call-in radio program, Jay Sekulow Live!, which is broadcast throughout the country on nearly 850 radio stations.  Sekulow also hosts a weekly television program, ACLJ This Week, which tackles the tough issues of the day and is broadcast on a number of networks nationwide including the Trinity Broadcasting Network and FamilyNet.  Sekulow is also a popular guest on nationally televised news programs on ABC, CBS, NBC, CNN, FOX News, MSNBC, CNBC, and PBS.  He frequently contributes articles and commentary to national publications and is often quoted in the nation's leading newspapers including USA Today, New York Times, Los Angeles Times, Washington Post, and Washington Times. A graduate of Mercer University, Sekulow graduated cum laude receiving both a bachelor's degree and doctor of jurisprudence from Mercer University where he served on the Mercer Law Review as an editorial staff member.  Following graduation, Sekulow served as a tax trial attorney in the Office of Chief Counsel for the Internal Revenue Service.  In that capacity, Sekulow prepared and brought to trial tax cases on behalf of the United States Department of Treasury in United States Tax Court. He also received a Ph.D. from Regent University, with a dissertation on American Legal History, and is the author of numerous publications and law articles. Sekulow serves as a member of the Board of Trustees for The Supreme Court Historical Society in Washington, DC.","url":"https:\/\/www.beliefnet.com\/columnists\/lynnvsekulow\/author\/jsekulow"}]}},"_links":{"self":[{"href":"https:\/\/www.beliefnet.com\/columnists\/lynnvsekulow\/wp-json\/wp\/v2\/posts\/133","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.beliefnet.com\/columnists\/lynnvsekulow\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.beliefnet.com\/columnists\/lynnvsekulow\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.beliefnet.com\/columnists\/lynnvsekulow\/wp-json\/wp\/v2\/users\/163"}],"replies":[{"embeddable":true,"href":"https:\/\/www.beliefnet.com\/columnists\/lynnvsekulow\/wp-json\/wp\/v2\/comments?post=133"}],"version-history":[{"count":0,"href":"https:\/\/www.beliefnet.com\/columnists\/lynnvsekulow\/wp-json\/wp\/v2\/posts\/133\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.beliefnet.com\/columnists\/lynnvsekulow\/wp-json\/wp\/v2\/media?parent=133"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.beliefnet.com\/columnists\/lynnvsekulow\/wp-json\/wp\/v2\/categories?post=133"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.beliefnet.com\/columnists\/lynnvsekulow\/wp-json\/wp\/v2\/tags?post=133"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}