High Court Says Memorial Cross Can Stay
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Old 05-01-2010, 02:30 AM   #1
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Default High Court Says Memorial Cross Can Stay

High Court Says Memorial Cross Can Stay
April 28, 2010
Associated Press



WASHINGTON - The Supreme Court said Wednesday that a federal court went too far in ordering the removal of a congressionally endorsed war memorial cross from its longtime home in California.

In ruling the cross could stay, the justices said federal judges in California did not take sufficient notice of the government's decision to transfer the land in a remote area of California to private ownership. The move was designed to eliminate any constitutional concern about a religious symbol on public land.

The ruling was 5-4, with the court's conservatives in the majority.

The Veterans of Foreign Wars erected the cross more than 75 years ago atop an outcropping in the Mojave National Preserve.

It has been covered with plywood for the past several years following the court rulings. Court papers describe the cross as 5 feet to 8 feet tall.

"Here one Latin cross in the desert evokes far more than religion. It 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," Justice Anthony Kennedy wrote.

In dissent, Justice John Paul Stevens agreed that soldiers who died in battle deserve a memorial to their service. But the government "cannot lawfully do so by continued endorsement of a starkly sectarian message," Stevens said.

Six justices wrote separate opinions and none spoke for a majority of the court. The holding itself was narrow, ordering lower courts to look again at the transfer of land from the government to private control.

Lower federal courts previously ruled that the cross' location on public land violated the Constitution and that the land transfer was, in effect, an end run around the constitutional problem.
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Old 05-01-2010, 02:40 AM   #2
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Excellent! However, I have a feeling that the libtard, progressive statists aren't finished yet.

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Old 05-01-2010, 06:56 AM   #3
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Im not religious, but i was outraged when I first read about this. I am glad SCOTUS reversed the decision. This is a memorial for those that fell in arms defending our country. Its not like they built a government endorsed church. Damn liberals. If they want to be like europeans, guess what, MOVE TO EFFING EUROPE!!

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Old 05-01-2010, 04:26 PM   #4
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This silly lawsuit was brought by a former National Park Service employee.

In 2004 the US congress passed a law authorizing the transfer of a small piece of federal land surrounding the cross to the Veterans of Foreign Wars. SCOTUS ruled that a federal judge erred when he blocked the transfer the land surrounding the cross to the VFW.

SCOTUS did not actually say the cross could stay on public land.

Supreme court says cross may stay in California desert - Yahoo! News

Quote:
The high court, however, did not rule on the constitutionality of the cross. Writing the court's main opinion, Justice Anthony Kennedy said the federal judge was wrong when he blocked the transfer.
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