Plano, TX- Today, The American Legion, the world’s largest veteran service organization, filed an amicus brief in the Mt. Soledad memorial cross case, Paulson v. Abdelnour et al. The brief was filed with the Ninth Circuit Court of Appeals in California.
“We are particularly concerned in this case that a dangerous precedent could be set that would endanger veterans’ memorials across America, perhaps even the nine thousand crosses that mark the final resting places of our World War II heroes at Normandy Beach,” said Thomas L. Bock, national commander for The American Legion.
The case, which has been in litigation for years, resulted when the American Civil Liberties Union sued to get the cross memorial in San Diego, California removed. After winning a lower court ruling, the city was ordered to remove the cross by Aug. 1, 2006 or pay $5,000 for every day it remained. However, U.S. Supreme Court Justice Anthony Kennedy issued a temporary stay, allowing the monument to remain until litigation was complete. Additionally, last week, the U.S. House passed a bill, H.R. 5683, which employs eminent domain rights in order to save the monument from destruction.
“It is a travesty that our nation’s war memorials are under attack,” said Kelly Shackelford, chief counsel for Liberty Legal Institute. “This is a disgrace to our veterans, and we will not stand idly by and watch it happen.”
The memorial is a 43-foot cross erected in 1954 to honor American veterans of war who gave their lives fighting for the country. Oral arguments are scheduled for Oct. 16, 2006 in the Ninth Circuit Court of Appeals.
“It is a national tragedy that there are those that would dishonor the sacrifice of countless veterans from D-Day and Pearl Harbor to the Persian Gulf in a shameless effort to desecrate veterans’ memorials in the name of Godlessness,” said Hiram Sasser, director of litigation for Liberty Legal Institute.
“If the veterans of our country do not prevail in this fight, the only question is which memorial will come under attack next,” Shackelford said. “This has to end now.”
CLICK HERE for a copy of the brief.