ACLJ & Members of Congress Ask Federal Court to Uphold Transfer of San Diego’s Mt. Soledad Veterans

Embattled Monument Seeks Protection from Federal Court

WASHINGTON, Dec. 27, 2007—Christmas may be over, but the "Bah Humbug" spirit remains for opponents of a San Diego war memorial. The American Center for Law and Justice (ACLJ), specializing in constitutional law, today filed an amicus brief on behalf of more than 30 members of Congress asking a federal court to uphold Congressional action that cleared the way for the federal government to acquire the Mt.  Soledad Veterans Memorial from the City of San Diego. The ACLJ brief urges the court to uphold the transfer saying the Congressional action taken to acquire the Memorial is constitutional.

"The federal government acted appropriately and constitutionally when it acquired the Mt. Soledad Memorial-a move that was overwhelmingly approved by the voters of San Diego," said Jay Sekulow, chief counsel of the ACLJ, which has been active for years in defending the constitutionality of the Memorial and its cross. "Over the years, there have been numerous state and federal challenges-all aimed at removing the Memorial.  Those attempts have failed and we're hopeful this latest legal challenge will not succeed. The federal government's ownership and operation of the Memorial is proper and plays a vital role in ensuring that this important symbol honoring military veterans remains in place."

In its brief filed in U.S. District Court in San Diego, the ACLJ urges the court to uphold the transfer of the Memorial from San Diego to the federal government. "Like all democratically elected bodies, Congress has a great interest in giving effect to the will of the people on issues of public importance," the brief contends. "The widespread support among San Diego voters for the federal government's operation of the Memorial cut across religious, political and cultural lines."

The ACLJ argues the 2006 lawsuit's exclusive focus on the Memorial's commemorative cross as if it were the only property the federal government acquired is "misplaced." The brief states: "In this case, the pertinent question is whether the federal government's operation of the entire Memorial is consistent with the Establishment Clause, not whether a Latin cross has religious meaning in various contexts."

The ACLJ represents 33 members of the 110th Congress: Todd Akin, Gresham Barrett, Rob Bishop, Dan Burton, John Campbell, Eric Cantor, Steve Chabot, Michael Conaway, Barbara Cubin, John Culberson, John Doolittle, Tom Feeney, Virginia Foxx, Scott Garrett, Phil Gingrey, Louie Gohmert, Steve King, Jack Kingston, John Kline, Kenny Marchant, Patrick McHenry, Mike McIntyre, Gary Miller, Marilyn Musgrave, Sue Myrick, Randy Neugebauer, Steve Pearce, Joseph Pitts, Dana Rohrabacher, Tom Tancredo, Todd Tiahrt, Dave Weldon and Lynn Westmoreland.

The ACLJ brief (online at www.aclj.org) supports the City of San Diego and the U.S.  government-the defendants of a federal lawsuit that challenges legislation signed into law by President Bush in August 2006, which transferred control of the Memorial to the federal government. The ACLJ filed the brief in conjunction with Advocates for Faith & Freedom-a California-based religious liberties law firm that is serving as co-counsel in the case.

Over the last couple of years, the ACLJ has been active in defending the constitutionality of the monument at both the state and federal levels. More than 170,000 Americans, including nearly 30,000 Californians, have signed on to the ACLJ Petition to Preserve the Mt. Soledad Veterans Memorial.

Led by Chief Counsel Jay Sekulow, the American Center for Law and Justice specializes in constitutional law and is based in Washington, D.C. The ACLJ is online at www.aclj.org.

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