Salazar, et al. v. Buono
Mojave Desert Veterans Memorial
Summary of Events The case surrounding the Mojave Desert Veterans Memorial centers around whether or not a privately-erected cross on federal land established to honor fallen soldiers from all wars is unconstitutional on grounds of violation of the Establishment Clause of the U.S. Constitution. The seven-foot-tall cross was erected in 1934 in the 1.6 million acre Mojave Desert Preserve by a number of World War I veterans to honor the nation’s war dead as other hurting veterans gathered in the desert to heal from the War. Riley Bembry, one of the veterans who erected the memorial, cared for the cross until 1984, when he asked his dear friend, Henry Sandoz, to make sure that someone took care of the memorial after he was gone. Since then, Sandoz has cared for the memorial by repairing it from vandalism and securing it to the rock beneath. In 2001, Frank Buono, a former National Park Services (NPS) employee who lives in Oregon, joined the ACLU to file suit for removal of the memorial claiming it was an Establishment Clause violation. The District Court sided with the ACLU in July 2002 and ruled that it must be removed. Later in 2002, Congress passed legislation designating the memorial and surrounding property as a “national memorial commemorating United States participation in World War I and honoring American veterans of that war.” They also passed a bill ordering the NPS to transfer the one acre upon which the memorial sits to the Veterans of Foreign Wars in exchange for five acres elsewhere in the Mojave Desert Preserve, donated by Sandoz. Upon appeal, the Ninth Circuit Court of Appeals agreed with the District Court and ordered the removal of the memorial, which the District Court enforced in 2005. Following the District Court’s enforcement of the injunction against the memorial, the Ninth Circuit ruled that Congress’ motion to transfer the memorial and land would not take away the Establishment Clause violation and that the memorial must be torn down. Veterans’ Memorials at Risk: Would They Really Tear It Down? As a result of the courts’ ruling, the memorial is now covered with a plywood box. Attempts have been made to hew down the cross, but the memorial’s construction is such that it has not been accomplished yet. However, if the Ninth Circuit’s ruling stands, this veterans’ memorial cross will be destroyed, and hundreds, if not thousands, of monuments built to honor our veterans will be threatened. The precedent set by the Ninth Circuit endangers not only crosses, but also veterans’ memorials with any religious imagery. If even one veterans’ memorial is removed, the impact upon veterans, current service members, and future generations, would be tremendous. Not only would we dishonor our veterans, we would dishonor the families of those who proudly sacrificed themselves to preserve the rights of Americans. Liberty Legal Institute Steps In In November 2008, Liberty Legal Institute filed an amicus brief in this case on behalf of five leading veterans groups. The brief argues that religious imagery is such a part of the American military culture that removal would indicate an about-face in military policy, and that the cross is commonly known as a symbol of the courage and sacrifice of veterans. Introduction to Amici Petitioners include Veterans of Foreign Wars of the United States, The American Legion, The Military Order of the Purple Heart, Inc., Veterans of the Foreign Wars of California, and The American Ex-Prisoners of War. These groups represent more than 4 million of our nation’s veterans. Conclusion The outcome of this case will determine if we can continue to honor and respect our veterans, or if we must wipe their memories from the public square. If not overturned, this case will impact every veterans’ memorial and those they were built to remember. More than 4 million veterans though Veterans of Foreign Wars of the United States, The American Legion, The Military Order of the Purple Heart, Inc., Veterans of the Foreign Wars of California, and The American Ex-Prisoners of War, hope that the decision handed down by the U.S. Supreme Court will honor those who lost their lives as well as those who have served and who are currently serving the United States of America.
To me this is just sickening to see. The more and more of this shit i see that so called americans doing just makes me sick. There are just to many people that THINK they know what they are talking about. I would be willing to bet you that a good chunk of this morons are either A. draft dodgers B. treehuggers C. People with a college degree that didn’t learn there as from a hole in the ground. ECT. I understand that it is hard to understand something that they don’t know but for those of us that know what it means. Leave us the HELL ALONE. This and a good chunk of the others like it were created and cared for by our nations veterans. Just in case you forgot here it is again OUR FOR FATHERS FOUGHT FOR OUR RIGHTS AS AMERICANS AND YES A GREAT DEAL OF THEM LOST THERE LIFE FIGHTING FOR WHAT THEY BELIEVED IN. I’m not going to go into detail about every war and what it was for, and how many people lost there life for what they believed in. Statues like this 1 and hundreds more make those of us that are AMERICANS stop and take a second to say thank you and remember those HERO’S of the past and present. I will be not only posting this but im sorry to those of you I have e-mail for, you will be seeing this again and every shred of info i can get on this issue. As i get info on how and who to contact I will be posting it later. Below is a link that i hope all of you go to.
THANK YOU TO ALL OF OUR TROOPS PAST, PRESENT AND FUTURE
http://www.saveourmemorials.com/index.htm
ben
