News and Views

Supreme Court Justices Challenge ACLU Attacks on Mojave Cross Transfer to Private Land

WASHINGTON – Congressman Jerry Lewis said Wednesday that he was encouraged by detailed questions from several Supreme Court Justices suggesting that the constitutional questions surrounding the Mojave Cross may have been resolved when Congress transferred ownership of the cross property to the Veterans of Foreign Wars.

“This cross was established by veterans to honor veterans of all wars, and has never been maintained by the government for any reason, religious or otherwise,” Lewis said. “It seemed clear from the questions of the Supreme Court Justices today that they see the value in that, and question whether the ACLU has made its case that the simple fact of the cross’s existence makes it unconstitutional.”

The Mojave Cross was established by World War I veterans in 1934 on Sunset Rock along Cima Road east of Barstow , with a wooden plaque proclaiming the simple monument honored the lives of all who have defended America and freedom. Sunset Rock was included in the Mojave National Preserve, and the cross was attacked by the American Civil Liberties Union as an unconstitutional example of the government favoring a particular religion.

The ACLU warned the National Park Service in 2000 that it would go to court if the cross was not removed. At the request of many veterans in his district, Lewis sponsored legislation that prohibited the Park Service from using any funds to remove the cross. In 2001, Congressman Lewis sponsored legislation that was passed into law declaring the Mojave Cross a national memorial and setting aside funding to replace the plaque explaining the purpose of the cross.

Despite this clear message from Congress that the cross was a memorial to all veterans, a federal district judge in 2002 ruled that it was an unconstitutional religious display on public land. Congressman Lewis sponsored legislation which passed in November 2003 providing for a land swap that would leave the cross on private land, maintained by the Veterans of Foreign Wars.

The district court declared the land swap unconstitutional because it continued to protect the cross, and the Ninth Circuit Court of Appeals upheld the ruling. The decision was appealed to the U.S. Supreme Court, which held oral arguments in the case Wednesday.

During Wednesday’s hearing, Chief Justice John Roberts joined Justices Antonin Scalia and Samuel Alito in questioning why the transfer of the land to private ownership does not resolve the issue of government establishment of religion. Scalia went further, saying it is an “outrageous conclusion” that a memorial cross could not be considered to honor all veterans.

U.S. Solicitor General Elena Kagan told the Justices that there are more than 1,800 private “inholdings” in the Mojave National Preserve, and a number of Justices observed that there would be no way to block the establishment of an even larger cross on any of those parcels, even though they may be surrounded by public land.

Lewis told the House of Representatives in a floor speech Tuesday that his goal from the beginning has been to preserve the cross as a veterans memorial, and not as a religious symbol. He expressed optimism that the Justices would agree with Congress that the memorial is worth preserving to honor veterans.

“If the critics of this memorial are successful, it could open the door to attacks on memorials and historic sites in all of our national parks, including Arlington National Cemetery and Gettysburg National Military Park ,” Lewis told fellow House members in a floor speech supporting the Mojave Cross. “I am proud to say that Congress has understood the value of these memorials, and has voted overwhelmingly on numerous occasions to preserve the Mojave Cross in honor of those who have defended our nation. The will of Congress is to keep the cross in tribute to all veterans, and I sincerely hope the Justices will see the wisdom of that intent.”

Click Here to Return to News & Views