9th Circuit Court Holds Soledad Cross Unconstitutional
allowed to stand on public land or in a public building. There is not even a pretense that the actual words of the Establishment Clause have any effect in this new world of the judicial oligarchy. The 224 page opinion rendered by the 9th Circuit in the Mt Soledad case is one more example of why it is absolutely essential that we reclaim the "Separation of Powers" doctrine and rein in Federal Judges and Courts.
The Establishment Clause is best understood as an "anti-establishment" clause. It was intended to prohibit the "establishment" of one particular religion - in the sense of a Federal or State sponsored Church which mandated adherence from unwilling citizens. The American founders fled coercive approaches to religion which compelled adherence to a particular sect. Yet, they were not anti-religious.
They were assuredly not against religious symbols or religious expression. Our history is filled with them. Or, more accurately, it once was. Religious symbols are no longer seen as a wonderful sign of the history of the West and the American founding by the new Judicial Oligarchs. Rather they are seen as a threat to the secularist order. When they are allowed they must be demonstrated to have been eviscerated of any religious meaning and somehow thereby rendered "secular" and acceptable.
This Court showed hostility toward the Cross writing, "[C]onsidering the entire context of the Memorial, the Memorial today remains a predominantly religious symbol. The history and absolute dominance of the Cross are not mitigated by the belated efforts to add less significant secular elements to the Memorial.... The fact that the Memorial also commemorates the war dead and serves as a site for secular ceremonies honoring veterans cannot overcome the effect of its decades-long religious history...The Memorial's relatively short history of secular usage does not predominate over its religious functions so as to eliminate the message of endorsement that the Cross conveys."
They seemed particularly offended by the size of the cross noting "(W)e cannot overlook the fact that the Cross is forty-three feet tall. It physically dominates the Memorial, towering over the secular symbols placed beneath it, and is so large and placed in such a prominent location that it can be seen from miles away."
The disjointed legal opinion concluded, "[A]fter examining the entirety of the Mount Soledad Memorial in context-having considered its history, its religious and non-religious uses, its sectarian and secular features, the history of war memorials and the dominance of the Cross-we conclude that the Memorial, presently configured and as a whole, primarily conveys a message of government endorsement of religion that violates the Establishment Clause".
Jay Sekulow, Chief Counsel of the American Center for Law and Justice, is one of our Nations' leading constitutional lawyers. The ACLJ has been involved in the case as a "Friend of the Court" defending the monument and the Cross. Their European counterpart, the European Center for Law and Justice, is involved in the defense of crucifixes in public schools as the new secular religious cleansers have sought to remove any vestige of the Christian history of Europe. As usual, the ACLJ's summary of the 9th Circuit opinion is the clearest available and I commend it to our readers. You can find it here: http://www.aclj.org/media/pdf/ACLJ_MtSoledadOpinionSummary_20100105.pdf
The ACLJ called the 9th Circuits opinion a "Faulty Ruling." I agree. However, it is much worse than that. It is one more example of a judicial oligarchy at work and a threat to religious freedom.
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Pope Benedict XVI's Prayer Intentions for January 2013
General Intention: The Faith of Christians. That in this Year of Faith Christians may deepen their knowledge of the mystery of Christ and witness joyfully to the gift of faith in him.
Missionary Intention: Middle Eastern Christians. That the Christian communities of the Middle East, often discriminated against, may receive from the Holy Spirit the strength of fidelity and perseverance.
Keywords: Soledad, Cross, religious liberty, Deacon Keith Fournier, First Amendment, Free Speech, Free exercise, establishment clause, First Amendment
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