{"id":231,"date":"2009-10-07T13:26:55","date_gmt":"2009-10-07T13:26:55","guid":{"rendered":"http:\/\/blog.beliefnet.com\/lynnvsekulow\/2009\/10\/mojave-cross-no-constitution.html"},"modified":"2009-10-07T13:26:55","modified_gmt":"2009-10-07T13:26:55","slug":"mojave-cross-no-constitution","status":"publish","type":"post","link":"https:\/\/www.beliefnet.com\/columnists\/lynnvsekulow\/2009\/10\/mojave-cross-no-constitution.html","title":{"rendered":"Mojave Cross – No Constitutional Crisis"},"content":{"rendered":"

Barry, it was good to see you today.  <\/span>I always enjoy an opportunity to sit next to you during oral arguments at the Supreme Court – especially with a case like the one we witnessed today.  <\/span><\/font><\/font><\/font><\/p>\n

<\/span><\/font><\/font><\/font>As we both know, this case is closely watched and involves the display of an 8-foot cross on a mountain top in California’s Mojave Desert – a memorial honoring war veterans.  <\/span>The case is Salazar, Secretary of the Interior, et al., v. Buono. <\/i>(08-472)<\/font><\/p>\n

Like most of these cases, the Justices were divided on this issue<\/a>.  <\/span><\/font><\/font><\/font>And, Justice Kennedy, who is often the deciding vote in these church\/state cases, said little to reveal how he will vote on this case.<\/font><\/font><\/font><\/p>\n

 <\/p>\n

<\/p>\n

The fact is that just because a group is ‘offended’ by the presence of a display doesn’t make it unconstitutional.  <\/span>As you know, the origins of this case go back 70 years – when the Veterans of Foreign Wars built a wooden cross honoring the war dead.<\/font><\/p>\n

And, in our amicus brief<\/a>, in which we represent 15 members of Congress, we argue what many of the Justices understand – this challenge has no place in federal court.  <\/span><\/font><\/font><\/font><\/p>\n

Our brief asserts:  <\/span>“This case is only the most extreme example of a phenomenon that has plagued the federal courts for the past three decades. Ideologically motivated citizens and public interest groups search out alleged Establishment Clause violations, almost always in the form of a passive religious symbol or display of some sort, and make a federal case out of offense at the display.”<\/font><\/p>\n

We also make the argument that those who are offended by government speech or displays should not be permitted to use an Establishment Clause claim to seek relief in federal court.  <\/span>“The basis for standing is typically that the religious display offends the sensibilities of the plaintiffs,” the brief argues.  <\/span>“The offense may be characterized as an affront to religious values, or as one in which plaintiffs feel stigmatized as political or community outsiders.  <\/span>But the sum and substance of the injury is that the display bothers the plaintiffs.”  <\/span>We also contend that the lax rules governing who can sue under the Establishment Clause are not consistent with the Constitution and separation of powers doctrine.<\/font><\/p>\n

Yes, the Justices engaged this issue today during oral arguments. And like most of these cases, it is likely to be a close vote.  <\/span>But in the end, I believe we will see a divided Court uphold the constitutionality of this display. <\/span><\/font><\/font><\/font><\/p>\n

To subscribe to “Lynn v. Sekulow” click <\/font>here<\/font><\/a>.<\/span><\/span><\/font><\/font><\/span> <\/span><\/font><\/font><\/font><\/p>\n

<\/span><\/font><\/font><\/font> <\/p>\n","protected":false},"excerpt":{"rendered":"

Barry, it was good to see you today.  I always enjoy an opportunity to sit next to you during oral arguments at the Supreme Court – especially with a case like the one we witnessed today.  As we both know, this case is closely watched and involves the display of an 8-foot cross on a…<\/p>\n","protected":false},"author":163,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[109,2,75,146,66,69],"tags":[],"class_list":["post-231","post","type-post","status-publish","format-standard","hentry","category-constitution","category-courts","category-establishment-clause","category-memorials","category-religious-displays","category-supreme-court"],"yoast_head":"\nMojave Cross - No Constitutional Crisis - 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\/231","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=231"}],"version-history":[{"count":0,"href":"https:\/\/www.beliefnet.com\/columnists\/lynnvsekulow\/wp-json\/wp\/v2\/posts\/231\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.beliefnet.com\/columnists\/lynnvsekulow\/wp-json\/wp\/v2\/media?parent=231"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.beliefnet.com\/columnists\/lynnvsekulow\/wp-json\/wp\/v2\/categories?post=231"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.beliefnet.com\/columnists\/lynnvsekulow\/wp-json\/wp\/v2\/tags?post=231"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}