Should It Stay Or Should It Go?
By Rabble Rouser Reverend Amy on October 19, 2009 at 10:00 AM in 1st Amendment, Current Affairs, Supreme Court, U.S. Constitution
Recently, I got an email from my old friend, C., with a link to an article at CNN. The article was, “High Court To Decide If War Memorial Violates the Constitution.” It being Sunday and all, I thought this might be a good time to discuss this. If you are unfamiliar with the case, the following video sums it up well:
This video provides some of the reasons the Memorial Cross should go from the ACLU’s perspective:
Hard to believe this is all the result of just one person, isn’t it? All the way to the Supreme Court? And yet, that is the case. Arguments were heard on Wednesday. I received this in an email from the ACLU on this topic:
Last week, the Supreme Court heard argument in Salazar v. Buono, an establishment clause challenge to the federal government’s display of a Latin cross in the Mojave National Preserve.The Court’s questions focused largely on esoteric procedural doctrine, and while it’s always risky to predict the outcome of a case based on an oral argument, it seems unlikely the Court will rule on the broader constitutional issues in the case — namely, whether the plaintiff, a devout Catholic and former National Park Service employee, had standing to challenge the display of the cross; and whether, before it tried to transfer the cross to a private party, the government violated the First Amendment by displaying the sectarian symbol on federal land.
While the Supreme Court ultimately may pass on the loftier constitutional questions in this case, Wednesday’s argument had some dramatic moments. In the most heated exchange of the morning, Justice Antonin Scalia peppered Peter Eliasberg, the ACLU attorney arguing for the plaintiff, with questions about the significance of the cross. Justice Scalia bristled at Eliasberg’s suggestion that a World War I memorial featuring only a Christian cross sends a message of exclusion and religious favoritism, asking, “The cross doesn’t honor non-Christians who fought in the war?” After Eliasberg responded that the cross “is the predominant symbol of Christianity,” Justice Scalia pushed back, suggesting that there was no constitutional problem with the display because “the cross is the most common symbol of the resting place of the dead.” Eliasberg resisted, explaining that “the cross is the most common symbol of the resting place of Christians.” “I have been in Jewish cemeteries,” continued Eliasberg, the son of a Jewish World War II Navy veteran. “There is never a cross on a tombstone of a Jew.”
The notion that a war memorial featuring a stand-alone Latin cross serves to honor only Christian war dead — a notion Justice Scalia called “outrageous” — was echoed in a series of amicus briefs filed in the case by various veterans groups.
However the Buono case is resolved, it will be difficult, if not impossible, to convince many non-Christian veterans that an isolated, freestanding cross expressly recognizes their service to the country. And Congress’s designation of the Mojave cross as one of only 49 national memorials (and the only one commemorating World War I), joining such iconic symbols as the Washington Monument and Mount Rushmore, only compounds the problem. As one retired Army brigadier general recently put it, “The cross is unquestionably a sectarian religious symbol that, as a congressionally designated national memorial to veterans, would convey the message that the military values the sacrifices of Christian war dead over those of service members belonging to other faiths.”
Hmmm. Interesting take there on the non-Christian veterans. I would love to hear what those veterans think about this (and I say that as someone who isn’t a Christian, either. Not that I don’t appreciate who Jesus was, or his words of peace and love. I grew up as a devout Christian, actually, an very much appreciate the message of Jesus. But enough about me.).
The decision of the Supreme Court will surely have long reaching effects. So, what do you think - should the Memorial Cross stay, or should it go?









































Barack has already said we aren’t a Christian nation. He has additionally said we are one of the world’s largest Muslim nations. I don’t know. Nothing makes any sense anymore. It is almost futile to try to look at things like this and to try to be logical about it. Like all branches of government, the judicial too is now a runaway in search of unfettered power and influence. Barack has already appointed one Supreme Court justice. I expect several more of the old justices who were hanging on just to oppose Bush being able to replace them will find a reason to get out soon… so that Barack can shape the court in his image of what America should have been. Whatever that image is… it isn’t a Christian nation I am fairly certain.
Alright about shaping the court… The Obama administration dressed Sotomayor.
http://www.nbcconnecticut.com/news/politics/Justice-Sotomayor-says-White-House-Left-Nothing-to-Chance-64724512.html
Seriously, if the woman can’t even dress herself without White House approval… does anybody seriously believe she will make any decisions without consulting them? Seriously.
I saw that - isn’t that incredible?? Shocking.
And pathetic.
Yes, and what does that say exactly. Barack will nominate a Latina woman for the Supreme Court, but he doesn’t trust her to know how to dress and present herself in public. How condescending can this be? This on the top of the question of whether this woman has any sense of independence from this administration after being led through the nomination process to the point of allowing herself to be dressed like a barbie doll.
Excellent point, Docelder. It is so patronizing. Ironic, isn’t it, since everyone was touting how great it is that she’s a WOMAN and Latina, to boot? Yeah - so these men are telling her what to say, how to say it, and how to dress while she’s saying it. Ms. Magazine is SO right - Obama is SUCH a feminist! Cough, choke, gasp…
Perhaps the WH should pay attention to how Michelle’s dresses, if they’re so focused on Sotomayor’s clothing. As for the cross. I vote it should stay. Not that I have a vote of course. After all, I was a PUMA during this past election and a bitter old, clinger one at that. Now I’m an Independent whose eyes have been permanently opened by the shenanigans of my former Party.
When I was going to school, back in the days of yore, I liked the Christmas celebrations, the carol singing, the thinking of those less fortunate and making sure to donate to them as well, the Easter baskets, the Valentine’s Day cards, Halloween parties, Thanksgiving, and now everything has to be super politically correct, like trying to remove symbolic crossess from national monuments and bashing women 24/7. While we here at NQ saw this “ride” from That One coming, we’re pretty much stuck on the roller coaster with the bots. Thanks so much, bots - NOT!
And thanks RRR Amy for your article!
Yeah that Early American Couch collection she’s been sporting is el yucko.
Could you imagine the White House telling a man what they could wear for those confirmation hearings? And this is why the Democrats will be forever known to me as the party of the Taliban.
Even debating this is silly…..The silent majority will speak up in 2010. and next month in New Jersey and Virginia look for a gop sweep.
The parties right now are mostly functioning as crowd control. They make us think we got some payback when the GOP maybe takes back some of their turf. Meanwhile, we will have lost a part of our freedom forever no matter what.
Agreed. We definitely need a third party.
Yes, and though this would be seen as a third party… in effect it would function as a second party. The two parties we have now have been made effectively the same by lobbying influence and corruption.
I believe you are right about Virginia, but I previously lived in NJ for many years and the polls there always show the Republicans receiving much more than they actually receive in the end.
I’m pulling for Corzine because I don’t feel that the economic problems of NJ are his fault — and don’t forget, he was a big Hillary supporter during the primaries.
You are kidding aren’t you?
Hillary Clinton won the state of NJ and corzine handed her delegates to backtrack.
WOMEN WITH INTELLIGENCE AND EXPERIENCE,MEN WHO SUPPORT THEM AND COUNTRY BEFORE PARTY ALWAYS
PUMAS,BUBBAS,EQUALISTS AND THOSE PEOPLE RULE
he sure did
Even still, the Supreme Court is deciding this NOW. They may decide to kick it back to the lower courts, we’ll just have to see.
Docelder, that’s an interesting observation abt the crowd control…
DAB, appreciate the info.
Garrison Keillor and Leonard Pitts, both devout liberal columnists, have said that this case, although perhaps technically constitutionally correct, it is taking the separation of church and state to an extreme and is just plain silly.
Rightly or wrongly, I believe that no matter what the final results are, the Dems will suffer because the Right will demagogue it to death and blame them for it.
It’s definitely a lose/lose for them.
It also just occurs to me that there is a distinction between “church” and “spirituality” -
Just because we are constitutionally protected from a state-sanctioned and forced-upon-us church…that really should have nothing to do with *expressions* of spirituality in our public sphere. It is a form of art, right?
Good point.
Agreed.
Let me see if I understand. The cross is a monument to a war of almost a century ago? It is located in the middle of nowhere? Why is this issue important enough to even consider, much less take all the way to the Supreme Court?
There appears to be some space around the cross. Why not just erect a monument to honor non-Christian veterans?
And then worry about an issue that really matters, like true equality for women?
That is exactly what should be done. Don’t take down the cross but do allow other non-Christian monuments to be placed as a memorial there.
America is a Christian nation, jackass.
Have you ever heard ‘one nation under God’?
What are you, an undercover Mullah?
Man up, you turd.
Bria —Oh, that is so rude and totally inappropriate!
In case that rock you’re under doesn’t allow you to see, there are many, many non-Christians in this nation who happen to believe in God. Do you realize there are Jews and Muslims who also believe in God? And to be fair to all, there are also many veterans who don’t acknowledge any god. They all deserve to be honored for their service to this country.
Your lack of respect is indicative of a person who is intolerant and small-minded. You really should think before you go off on a well-respected member of the No Quarter community.
actually “under God” was added to the pledge in 1954.
america is not a christian nation.
Also when “God” was added, a Christian god was not specified.
Even if it had been, we have become much too multicultural in this country to play that game anymore.
“Under God” was added at the height of the Atheist Communism scare.
I believe this current kerfuffle began when a Buddhist group was denied the right to add a Buddhist memorial.
The military cemeteries don’t have Jews buried under crosses, Alito’s comments were incredibly offensive but about what I expected from him.
Just wondering how many WW1 American soldiers that were practicing Buddhists were killed? Also if Buddhists even fight in wars or are they automatically given CO status? No, the Buddhist shrine stunt was just activism, fueled by a hatred of the cross that stands there. Actually, more of a hatred of what the cross symbolizes than the structure itself.
I agree, PE. Those kinds of comments need to be ratcheted back,
I might add, not only is Ferd a long-time regular here, but he, and many members of his family, have (or are) served the country in uniform. Just sayin’.
I may as well get banned now.
Bria:
Just how fucking stupid are you? It isn’t quite as simple as your silly comment would imply. We are much more than a Christian nation. If you can’t se that then you’re just as ill-educated as your obamabot cousins. Take some time, little troll, to actually do some research before you parade your stupidity around this blog any further. You’re an embarrassment to yourself and all good Christians.
Perch and rotate, bot.
I think the issue here is important, especially in the context of the concerns surrounding our founding documents.
Jefferson, et al, wanted to make certain that no religion or sect gained dominance in the temporal/political sphere. To that end they vigorously pushed for both religious freedom (in the Constitution) and freedom from religious persecution (see the political battles in Virginia that defined the issue).
The only practical way to achieve this is to bar any and all religious signs, symbols, displays and/or presentations from any and all public arenas. The reason we should be vigilant about this is that there is the persistent pressure from any number of religions to have us, as a nation, accede to their view of the universe, each one believing that god is on their side. If we give in a little here and a little there, we eventually allow a build up of cultural acceptance - sort of a ’stare decisis’ of the society - that becomes a legitimizing canopy for yet more religious incursions into public life.
So, no, take the cross down. You want to honor those veterans? Buy yourself a piece of property and put it up there.
Part of the problem is the idea that negligible things ought to be adjudicated by the courts. The idiocy is that one acre of land had to be ceded just to make a cross in the middle of the desert legal to begin with. Now the fight is not only about the cross, but also the acre of land. What is an acre of land in the middle of the desert worth? If you oppose Christianity, then it’s worth everything I guess. What is happening here though is the courts are intruding into private lives. Where will it end? I think it will end up with no displays of religion even from private property if that property is in the sight of the public.
I’m reminded of the wonderful scene in Robert Bolt’s “A Man for All Seasons”
Paul Scofield, playing Sir Thomas More, is having a vigorous conversation with his young aide William Roper (Corin Redgrave) about the law:
William Roper: So, now you give the Devil the benefit of law!
Sir Thomas More: Yes! What would you do? Cut a great road through the law to get after the Devil?
William Roper: Yes, I’d cut down every law in England to do that!
Sir Thomas More: Oh? And when the last law was down, and the Devil turned ’round on you, where would you hide, Roper, the laws all being flat? This country is planted thick with laws, from coast to coast, Man’s laws, not God’s! And if you cut them down, and you’re just the man to do it, do you really think you could stand upright in the winds that would blow then? Yes, I’d give the Devil benefit of law, for my own safety’s sake!
Therein we have the argument defined succinctly. The battle is the sacredness of man’s law versus the freedom bestowed on man by the creator. If the argument is ever won that there is no creator, we will have therein lost all our freedoms in the constitution because the constitution gives us none of them, it only recognizes that we already are born with them. I think this is ultimately about more than a cross in the middle of the desert.
Agreed!
Why must some asshats go so far out of their way to be offended? This cross has stood in the dessert for all these years as a tribute to veterans. Now one man, a Roman Catholic at that, living in Oregon, decides that he finds it offensive and is able to cause so many Veterans such pain.
I am a big believer in the separation of church and state. But this is going out of your way to find an example. Leave these elderly people, these elderly veterans and their Mojave Memorial alone.
And the asshat from Oregon needs to find something else to do with his time. He wants to see offensive? Look in the mirror Bozo, look real long and real hard. Enjoying his 15 minutes no doubt.
so, the Supreme Court will waste their time on this issue, but the eligibility of a President under article 2 is a bit much to look at? Yes, ok. I understand. Don’t hurt yourself their SCOTUS, taking hard cases or anything.
so, the Supreme Court will waste their time on this issue, but the eligibility of a President under article 2 is a bit much to look at? Yes, ok. I understand. Don’t hurt yourself there SCOTUS, taking hard cases or anything.
oopsie, sorry for the double post. I had to correct “their” to “there”.
In our Constitution it says freedom “OF” religion not from religion. More than 70% of Americans are Christian of one denomination or another. Majority rules, lets keep the cross.
Actually, our Constitution does not say “freedom of religion”; look it up.
And, incidentally, our Bill of Rights protects minorities from oppression by the majority in the form of the federal government.
for those of you who have not been in the high desert this cross is about as far off the beaten path as it could possibly be.let the land transfer go ahead and be done with it.
So do we remove the cross at Robert Kennedy’s arlington national cemetary since that is national land too.
http://www.arlingtoncemetery.org/visitor_information/Robert_F_Kennedy.html
That is one of the very issues abt which people are concerned - if this one is taken down, will others on federal land, like Kennedy’s, be removed also?
Are’nt there other military graveyards in our country and others that belong to the federal government that have crosses.
I am getting so tired of this stomp on the Christian attitude.
It should stay. The cross was placed there by Veterans who served and died, lost friends well before political correctness came along.
If a person doesn’t like the cross just don’t look at it and mind your own business.
I bet should an islamic Crescent or a Gay flag be raised no one would say a word.
Our Bill of Rights is ALL about, as you call it, political correctness.
And the Bill of Rights came before World War One and before this cross was erected.
I was raised in a very religious Protestant home. The religion of my grandparents, which they first took to Russia, then to the U.S., is part of who I am. Religion can also be seen as a cultural identifier in a sense. I am no longer as fundamentally religious as I was growing up, and would not know how to classify myself, except as spiritual.
I view this cross as more of a historical and a cultural symbol than a religious symbol at this point. What a nice, small piece of American history from a terrible, deadly war. I read about this controversy before this post in one of those emails that circle the web. Those soldiers seeking solace in the dessert need to be honored the way they wanted to be, with the artifact they created.
Even if I would now say that I’m a Rosicrucian, a Jewish convert, a Buddhist or a New Age convert from Boulder–whatever, I can NOT see myself taking this cross as an affront because it is on government land. Just erect a historical marker explaining the history on the road nearest where you can see the cross and let it be.
It struck me as very important when I toured Hagia Sophia in Istanbul (not Constantinople) that the secular government of Turkey preserved a mix of both the Christian and the later Muslim aspects of that marvelous place. And the building was surrounded by aspects of Roman and stolen ancient Greek monuments and next to the Ottoman Topkapi Palace compound and across from the Blue Mosque. As a history buff, I was in heaven. It is a city so steeped in history.
We in the U.S. have such a short history. As a person raised in the West, in Colorado, I go to the East Coast and marvel at being able to see “old” buildings from the eighteenth century. To us here in the Wild West, that is old. To the rest of the world, it’s yesterday. I go to Mesa Verde and marvel at the cliff dwellings of people who practiced what we might call a pagan religion.
Give us a chance to develop a history for our descendants. While I may be worried that our current POTUS’s mission is to create a totally different nation than the one that was founded in the eighteenth century, I can still hope to think of this country having a longer history ahead for generations to come.
We get our panties in a wad over such stupid things and don’t get upset about big things, like–for instance–election fraud.
Let the Cross stand!
And excuse my lack of editing–”desert” NOT “dessert.”
Brava, Diane. I agree, completely.
Agree totally, Diana!
This piece neglects to mention that a different group requested permission to put up a Buddhist shrine near the cross, but was denied that right.
http://topics.law.cornell.edu/supct/cert/08-472
So, the government, here, was definitely favoring one religion over another.
I assure you, it was not an intentional slight. Personally, I find Buddhism to be tremendously appealing (I did mention above that I am not a Christian, so…).
I am a (long time) member of the ACLU, however - hence the email I got from them, and in this particular email, they made no mention of the shrine.
And hey - if I included EVERYTHING, what the heck would people have to discuss, right? Thank you very much for bringing this, and the other links to the discussion. Very informative!
The respondent, Buono, and his lawyers have no problem with Arlington Cemetery or any other national cemetery where each person has the right to have over him the monument of his choice: a cross, a Jewish Star, or a plain monument. Their quarrel here is that the government has permitted only one religious group to have its religious symbol on the property.
It is designated as a memorial to the World War I soldiers, but there were soldiers of other religions who fought and died in that war and would hardly feel their service has been respected.
The Vietnam War Memorial respects the service of all the service people who died in that war.
You can read the full transcript of the oral argument in Salazar v. Buono here:
htp://www.supremecourtus.gov/oral_arguments/argument_transcripts/08-472.pdf
There are more issues involved than are presented here.
The Constitution doesn’t say that you can’t put up a Christion Memorial. What it does say is that all Religions must be treated equally. If you put up a memorial in one Religion and somebody from another Faith also wants to put up one, the Gov’t has to allow it. With that stipulation, if they want to put up the Memorial, let them.
I find it disturbing that most people posting here are all too willing to support a display of a particular religious symbol on Federal land. If it is a “cultural” display then let’s replace that cross with a Jewish Star of David or, better yet, a Moslem Crescent. Those too are cultural displays. But, it never is the Star of David and it never is a Buddha.
And this “one person” as you like to call him actually stands for me and many like me. People who have served this country and do not want our service represented by the Christian symbol which means absolutely nothing to us. I feel deeply that a Christian cross is used as a tool to deny the different faiths, or lack of faith, of many who have fought and died for this country.
I have thought abt this some, and I appreciate your comment. I think abt how disturbing it was when the statues of Buddha were destroyed by the Taliban in Afghanistan. It wasn’t just because they represented a belief system I find appealing (Buddhism, that is, not the Taliban!), but because they had historical significance. Of course, this cross isn’t that old, but it does represent an important time in our history.
That is to say, sometimes a symbol is greater than the symbol itself, if you get my meaning.
…of course, that’s based soley on a religious standpoint.
Maybe they can just say “it’s style”. I have a friend who is Muslim, although…much of what he does is against their word, but we were talking about things when he was going back home for a visit because his friends would ask if he was still a Muslim or a Christian if he wore a cross on his shirt as some of the new styles have. But said “that’s fine, because it is the style, even my shoes have it”. I laughed. I never noticed, his fav pair of shoes has a big cross on the top toe area on each shoe.
It’s the style stupid!
There has been a very long-running argument about this in San Diego. (Google “cross on Mt Soledad”)
Every court decision has been against the cross being there, including the Supreme Court. Should the Court decide that the cross in the Mohave Desert can stay, it would most certainly impact the cross on Mt. Soledad.
I do not think a cross belongs as a memorial on Federal land. A war memorial does not need to be in the shape of a cross. Those dead soldiers were not fighting a religious crusade, they were fighting for their country and all its people, whether or not they have religious beliefs and whatever those religious beliefs might be.
Insisting that the memorial has to be a cross leads me to wonder if it is really a memorial or an excuse to put Christian symbols where they don’t belong.
Federal cemeteries allow crosses or Stars of David on graves.
Personally, I think it should stay,for this reason. I don’t think the founders of our country wanted to ban all signs of religious artifacts. I can understand not wanting to have a religion that is forced upon us by our government, but I also believe that religion or religious artifacts should be forced to go into hiding, either, because that in itself is a form of religious persecution.
Should we not have Holocaust Memorials that show a Jewish Star of David because it might be offensive to others of other faiths or no faith? Should the Jewish Star of David be removed from graves of soldiers in Arlington National Cemetery? Should soldiers be banned from wearing a crucifix or a cross around their necks? How far do we go with this?
It saddens me that those who are not religious are forcing their hatred for religion on everyone.
Sticky subject, I know…
It’s a matter of federal law, not anyone forcing their hatred of religion on you. Incidentally, you seem to have no problem with forcing religion, in the shape of a cross, on those who don’t believe.
Holocaust memorials are not on Federal land.
I have already stated that both Stars of David and crosses are specifically allowed on graves in National cemeteries.
Not to quibble, but I am pretty sure the Holocaust Museum IS on Federal property. If you have not been there, I can assure you, it is most definitely a memorial as much as it is a museum. And rightly so, IMHO.
RRA, you’re probably right about the one in
DC. I was thinking about the original one in Los Angeles, which I have visited on two occasions.
Gotcha. I don’t know a thing abt the one in LA!
Lightacandle, it may not be CHARACTERIZED as one, but if you have been IN it, and the final room at the museum, I guarantee you, it is a memorial. It is certainly a museum, but remember, it is abt a devastating time in history. There are many, many, many stories told there of people who were murdered in the camps, a remembrance of them all. Is that not a memorial?
It is a memorial (run by a private-public partnership) but it is not designated as a “National Memorial.”
“National Memorials” are run by the national Park Service.”
Here is the list of the “National Memorials”:
http://tinyurl.com/yk2wj86
Gee Sandy, you don’t have to get so testy!
For one thing, if just the shape of a cross is enough to get you so riled up you have bigger problems than religion. You drive by them every day when you pass a church…do you shake your fist as you drive past?
The nice thing about living in a Democracy that is supposed to be free of religious persecution (like the Communist Countries) is that people are supposed to show tolerance.Intolerance is like a cancer that spreads in rapid succession when not stomped out. Call me funny, but I’m not wild about having my country look more and more like a communist state.
As a Christian, but one who doesn’t go around shouting about what I consider to be a personal thing, I have no problem with crosses except when they are illegally placed on
federal land. You can plant crosses wherever you like on private land, but not on land which is owned by everyone in this country, not just the people for whom a cross has meaning.
Showing tolerance goes in more than one direction.
This isn’t a new law, it’s in the Constitution, so I really don’t see how compliance will make the country any more like a communist state than it already is.
Frankly, I’m more worried about the cultist followers of That One who have children recite hogwash in his honor and think he walks on water than I am of a cross in the middle of nowhere.
Next.
I don’t think this argument has anything to do with agnostics or atheists - unless, being on the outside looking in, we’re more able to see how a certain religion is given more authoritative power than the others, labeled as “the norm” by its own proponents, and thereby relegating the others as not much more than an afterthought.
This argument is between people of other religions, who want their dead to be represented by their own religious symbols, not another religion’s cross. Sounds American to me - “To each her own”, or “Pro-choice” - choose your own religious symbol for your memorial. Why should the symbol of one religion be used for everybody?
The Holocaust Museum is not a National Memorial.
http://en.wikipedia.org/wiki/National_Memorial
List of U.S. National Memorials
at: http://tinyurl.com/yk2wj86
Hello! I am actually taking a class in the Constitution and the founding of our country. In almost every single document the founding fathers wrote, they mentioned the need for strong, religious morals to guide us as we create and keep our nation strong. They based the setup of the country’s three branches of government upon idealisms in the Bible, and even Franklin, who wasn’t an ardent, church-goer, stated that God was an important part in the ability of a young Republic to stay strong and true. Keep the cross up, and let us honor the message that those who put it there intended. Add other faith symbols, as necessary- so, what would be next? Should we remove crosses from Arlington, because they might offend someone? We have got to get off this horrendous political correctness; I guess one day we won’t even speak to one another, as we might offend someone, in some way- grow up everyone and get off your PC butts! Our country is Christian, and even our laws are based upon the 10 commandments!
I don’t know who is teaching this course on the Constitution, but you need to read James Madison’s notes from the Constitutional Convention. The framers of our Constitution and creators of our form of government did NOT sit around discussing the Bible nor did Madison get his ideas for the Constitution from the Bible. Someone is handing you a lot of nonsense.
Read Madison’s notes on the Constitutional Convention, okay?
The abysmal ignorance of many Americans about the Founders and the Constitution never cease to amaze me, lightacandle. Our laws are based on many things, including common law, Roman Law, and even older law. Our founders were no dummies.
In fact, I should add that when the delegates to the Constitutional Convention ran into one particularly difficult patch and could not come to agreement on some issue, Benjamin Franklin suggested the delegates say a daily prayer.
An embarrassed silence followed, because the delegates had too much affection and respect for the elderly Franklin to say anything negative about his suggestion, but they quietly opted NOT to initiate any prayers. They did NOT pray at any time during the debates on the Constitution and, in fact, they quite deliberately included a proviso in the Constitution that says: “no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States”
They did not want any commingling of religion and the federal government.
That’s an interesting bit of information about Franklin’s suggestion and the other’s reaction to it. I wonder if he was half kidding.
I would love a link or some citation for that, just because it is of interest to me.
I have to say, though, that the men who framed the Constitution were largely religious men, for what that’s worth. It isn’t like they didn’t use religious language in the Constitution, either - like the whole “Creator” wording?
And I get that there is a difference in categories. I suppose a case could be made that since it was certified as a National Monument, presumably in its current form. Just an observation.
The “creator” part was in the Declaration of Independence, which is an important document but not a legal one. The words God and/or Jesus do not appear in the Constitution or its amendments. The founders did not want such an issue that they themselves knew to be divisive to be part of the legal framework for our Representative Republic.
But you are correct–they were religious men.
You’re right of course, Ferd - I do know that. I responded in too much of a hurry, apparently! Sorry!
And lightacandle, as a Unitarian Universalist minister, I am EXTREMELY aware of the separation of church and state. It was a Universalist church, after all, that pushed to not be taxed because it was not a recognized as a state denomination. And Thomas Jefferson was a Unitarian. So, believe you me, I get it. I think most of the people here are very much aware of the importance of separation of church and state.
Here is the First Amendment: Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
While I think the Founders certainly wanted a document based on “reason, not religion,” especially since many people came to this country FOR freedom of religion, I don’t think they were as adamantly opposed to any expression of faith as implied, but rather they were protective against a STATE religion being imposed on the people.
The First Amendment clearly says there should be no restrictions on the free expression of religion. It seems to be more an issue of intention than a complete denial of ALL things religious. (It isn’t like there aren’t religious expressions on government property, after all.)
They were also vehemently against the use of taxes to support any religion. They also did not want the government favoring one religion or religious sect over another.
You might read how James Madison came to write his “Memorial & Remonstrance Against Religious Assessments”
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Madison, Memorial & Remonstrance Against Religious Assessments, 1785
(Madison’s reflections on the same in 1826)
James Madison, in a letter to George Mason on July 14, 1826, roughly 41 years after the Memorial and Remonstrance Against Religious Assessments was published, explained in his own words the historical significance of this document:
Letter from James Madison to George Mason (July 14, 1826), in 9 The Writings of James Madison, 1819-1836, at 249 (Gaillard Hunt ed., 1910).
http://tinyurl.com/ygtnfaq
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When the government designates something as a “National Monument,” it takes on the responsibility (through the National Parks Service) of paying for the maintenance of that entity — using tax dollars.
Therefore, it is currently favoring one religion over another — since it denied a different group the right to erect a Buddhist Shrine at the same site. It was favoring and endorsing the Christian religion.
Contrary to what some have written here, we are not a Christian nation; we are a nation where the current majority is Christian but that has nothing to do with our Constitutionally-created form of government.
Sorry, I had meant to write:
The government HAS designated the Mojave cross as a “National Memorial.”
Never a problem, RRRA. And I agree with you–the prohibition against the establishment of religion should not be construed to mean that government should work actively against religion. So long as their is no overt favoritism, I have no problem with crosses, Stars, Totems, Shrines, or any other religious icon or edifice. There are as many ways to the deity as there are people.
Crap. What I meant to type was, “So long as there is no overt favoritism,…”
Fumble fingers, again.
The best place to read about Franklin’s failed proposal is in any of the books about the Constitutional Convention.
Many of the delegates were religious, but many were less so and were, in fact, Deists. The one thing they understood very clearly was the harm done to people by a government that sought to insert itself into anyone’s belief system. The dark history of the religious wars of Europe was fresh in their minds. They were setting up a civil government, not trying to create a system for controlling our thoughts or religious beliefs.
The Virginians at the Constitutional Convention had just recently passed the “Virginia Statute for Religious Freedom” to keep Virginia from being able to tax its citizens to support their own churches. They were in no mood to allow the federal government to, in any way, have anything to do with its citizens’ religious beliefs.
Probably the most important document James Madison wrote on the need to keep government from meddling with our religious beliefs (and vice versa) was his 1785 “Memorial and Remonstrance Against Religious Assessments.”
I took your advice, and looked it up for myself. Thanks.
This is according to William Steele after Hamilton’s response to Franklin: Washington fixed his eye upon the speaker [Hamilton], with a mixture of surprise and indignation, while he uttered this impertinent and impious speech, and then looked around to ascertain in what manner it affected others. They did not leave him a moment to doubt; no one deigned to reply, or take the smallest notice of the speaker, but the motion for appointing a chaplain was instantly seconded and carried; whether under the silent disapprobation of Mr. H___, or his solitary negative, I do not recollect. The motion for an adjournment was then put and carried unanimously, and the Convention adjourned accordingly.
The three days of recess were spent in the manner advised by Doctor Franklin; the opposite parties mixed with each other, and a free and frank interchange of sentiments took place. On the fourth day we assembled again, and if great additional light had not been thrown on the subject, every unfriendly feeling had been expelled; and a spirit of conciliation had been cultivated, which promised, at least, a calm and dispassionate reconsideration of the subject [state's representation].
No offense, but that seems to be a different take than yours on that occasion from someone who was actually there.
William Steele was not a delegate to the Constitutional Convention and your information — which is incorrect — is based on a letter Steele wrote to his son many years later (in 1825). Steele claimed to have been told this story by Jonathan Dayton who had been a delegate. The story is not accurate. http://candst.tripod.com/franklin.htm
Here is the list of delegates (and Steele’s name is not there, because he was not a delegate): http://www.law.umkc.edu/faculty/projects/ftrials/conlaw/marryff.html
http://answers.yahoo.com/question/index?qid=20081122174755AA9Z2WE
Are you taking this constitution class in a religious setting/school?
There’s an old adage: History is made by those who write it. Give it some thought.
This cross is not “historic”; the current cross is the fourth or fifth version that has been put up on that site.
And the government did NOT designate it as an “Historical Monument”; the federal government designated it as a National Memorial. They are two different things and have different standards.
I want to add to my long comment above. As a Westerner, I am used to historical displays that aren’t like the more sophisticated ones you might see in the big cities, and especially back East.
To add to my point that we don’t have the history that is available back East–at least the history of the European conquerors/settlers–and take our history in a more “modern” variety, I should mention the wonderful historical display of artifacts and documents about the Navajo Code Talkers I was extremely surprised to find in, of all places, a McDonald’s restaurant in Tuba City, AZ. I am vegetarian, so go into one of those establishments when my meat eating husband drags me to one. What a nice display they had, right there in the middle of Navajo country. And across the parking lot, I was able to go into some historical displays of early Navajo homes, etc.
The Code Talkers were from WWII, but still, this is OUR history out here in the West.
I understood completely when many of the Native American peoples took back some of the exhibits from our Natural History Museum in Denver. It’s their history and tradition, and to them many of the objects were sacred.
The number of WWI vets still alive is shrinking. Ask high school students about that war and you get blank stares. Heck, ask them about my generation’s war, Viet Nam, and you get annoying questions like, “Was that before or after WWII?”
Preserve our history as it was. I don’t want to be the way we were taught they were in the USSR, always rewriting their history books to fit their new philosophy. That is how those particular vets from that particular war created a monument. So, if it is not a “historical” memorial, quit the fight to have it taken down and change the case to make it one.
Bravo! That is an excellent commentary with which I heartily concur, Diane. It is a part of our collective history and should not be taken down. If, however, another religious sect wants to put one up, I say let them do so.
What “story” does a Christian cross say about the Jews and even the non-Christian Native Americans or even non-believers who also fought in WWI?
It tells a slanted story that only Christians died for their country in that war, and that is a false story.
There are monuments all over America, in town after town, honoring those who fought and died for this country.
A huge memorial has recently been built in Washington D.C. honoring those who died in WWII; it is not a cross.
There is a memorial to the dead from the Vietnam war; that is not a cross.
Why do you think it has to be a cross to honor the sacrifice of our military?
A cross honors only the Christians who died — not any of the rest.
The American flag honors all the dead.
“What “story” does a Christian cross say about the Jews and even the non-Christian Native Americans or even non-believers who also fought in WWI?”
What “story” does a memorial to the Holocaust say about the millions of Christians, communists, Romany, etc. that died during fascism in Europe.
The Holocaust Museum is NOT designated as a “National Memorial.”
The cross in the Mojave Desert IS designated as a “National Memorial.”
OK, then the government should donate the land for the cross memorial and form a partnership with private philanthropy to maintain it.
Holocaust Museum: How were the funds raised for the Museum’s construction?
Built on land donated by the federal government and funded with more than 200,000 private donations, the Museum is the product of a strong partnership between the government and private philanthropy.
It tells the story of the men who went to the desert for solace after a terrible, bloody, war–when many came from battle with “shell shock” and were treated as weak or not patriotic enough. I would like to hear more of the story of these men. I would like the place to be honored for their existence, and during their existence, this is how they chose to honor their many compatriots. In those days, it was how it was done. With a good explanation, Jews, Buddhists, Native Americans, Agnostics, etc., do not have to be offended.
I believe you may be the person who, in your righteousness, has determined to take this memorial down. You don’t care about those particular men who put it up.
If it is any consolation, Diana, I, agree with you and want the memorial to stay where it is. I am not a practicing anything but this memorial was and is to those who made the ultimate sacrifice in defense of freedom. That alone should be the end of the discussion.
You can feel the contempt for that cross in just those many words. This is what is fueling this battle for a lonely cross in the middle of nowhere… contempt for that for which it represents. The rest of the arguments are rationalization. But, I expect it will come down. As a few here gleefully retort… we evidently aren’t a Christian nation. Never mind it is the dominant faith in this nation and never mind that cross in the desert doesn’t exclude anybody from feeling about it anything they want to feel. Never mind it was the faith of the men who erected it… which is all that matters really. Nobody said it represents everybody… just those men who put it there. But some have as mush disdain for those men as they do for that cross. Neither the men or the cross represent some people. What I ask is so wrong with that? Does everything have to include any and everybody now? Is there no room for individual expression?
Yes, Docelder, so long as reasonable people have a place to vent their frustrations, there is plenty of room for individual expression. Hell, we should all insist upon it. I think NQ comes as close as any I’ve found in all my years of commenting (Yahoo, MSN, etc.). Don’t fret–that’s what the always-saying-nay want you to do.
Incidentally, the word “Creator” does not appear in our Constitution; it appears only in the Declaration of Independence.
The Constitution controls the actions of our government; the Declaration of Independence does not.
I am aware - I simply misspoke, but thanks for the clarification.
The assault on the cross is reminiscent of the Taliban assault on the giant Buddhas. It is a piece of history, frozen in a particular time.
You actually don’t have a clue what makes this country different from countries controlled by the Taliban.
We have a Constitution and a Bill of Rights; maybe you would do well to not only read them but read a book or two on the debates that created both.
So, taking down an obscure cross in the middle of the desert will keep us free? It will be a victory for the rule of law… yes. The law of man will be deemed superior… yes. Will it make us any more free? Not hardly. Why the Supreme Court even gives this time is the question not asked here. Why this argument? Why now? This is the question. Were I the people who wanted to keep the cross… I would spend no more money on lawyers about this cross. Instead get agreements from every roadside property owner proximal to that spot and put up 100 crosses only larger and more prominent on private land. Then get ready for the fight to strike them down as well. Because, they will be next.
Actually, there are many private landowners in the Mojave National Preserve, and those landowners are FREE to put up whatever crosses, Buddhist shrines, Jewish stars, or whatever they wish to. So, why is it so important to so may people that the cross must be on federally-owned property?
You are free to put up crosses on your own property wherever you live; you can also put up creches if you wish to. No one will stop you. Your churches can put up crosses (and most do) and have creches at Christmas; no one will stop them.
No one is objecting in this lawsuit to what anyone does on private property. As I recall, there are more than 1,000 private landowners in the Mojave National Preserve, and every one of them can put up a cross or a Jewish star or a symbol of the faith of Native-Americans (who, incidentally, were on this property long before any Christians were).
The government should not (and does not) interest itself in your personal religious beliefs or actions. But we have a Constitution and a Bill of Rights that do control our government and its actions.
So, how to explain that the House and Senate Chaplains open each session with prayer.
Each one also holds prayer in the Rotunda!
At the time the members of the First Federal Congress voted to do this, many of those same members also owned slaves.
Both of these issues were looked on favorably by those men.
Are they both okay with you?
That is somewhat PeeWee Hermanesque.
Right. The cross memorial since 1934 did not infringe on OUR constitution and bill of rights until the ACLU decided it did.
The giant Buddhas for hundreds of years looked out onto Afghan people with their Islamic religion without offense, until the Taliban arrived with their directives.
Tell me what the difference is, and do so without any valuative moral high ground.
People sometimes when they think of the Taliban get lost on the religion part of it. The religion is just rationalization for the totalitarian control. If the radical Islam didn’t exist they would have invented it. To a point, I see what you are saying. Only the aclu would serve more like the radical religion… if we put it that way, the totalitarian control agent would be the Supreme Court. The Supreme Court decided to take this on.
The ACLU did NOT originate this case.
I read about this quite awhile ago, can’t remember where. It was about the man and his wife who had looked after this cross for many years, and what this lawsuit had done to them. They could not understand (and neither do I) why someone who has never even seen this cross, could file a lawsuit to have it removed, the main reason being “if that person might ever drive to the middle of nowhere, down a dirt road in the desert, and happened to see this cross, he would be offended by it.” The cross has been there for many, many years. Then the man had to put canvas up to cover it. It hurt him deeply that anyone would find this tribute so offensive that it must be hidden from view. NO ONE even sees this cross! People have lost all perspective that when this cross was put up, no one had a thought if it was infringing on anyone else’s rights. A cross was a common “marker” and I don’t think they were trying to make any big religious statement….just a tribute to those who fought and died, as the culture was back then. I’m sure it never crossed their mind that anyone would ever protest them using some Federal desert land in the middle of nowhere to make their private memorial. Yes, in later years things changed and I have no problem with that. It is just going too far to try to remove all past United States artifacts, in the name of….what? I think this memorial should be preserved as a part of our past culture. Removing it erases part our history. The cross has been there for so many years, and no one ever said a word about it, so what is the big problem now?
OOPS, I was supposed to take a right turn at that last stop sign!
Congress respects Jewish holidays, King has a national holiday, we observe Veterans Day, and yet this cross is an issue!
Now, I wonder why Rev. Wright and the Obamas not giving Christmas gifts to their children created so much backlash.
The Confederate Flag is viewed with anger and disdain, although southerners carefully preserve historical artifacts from their ancestors who died for a cause they believed in!
My family is planning our Thanksgiving and Christmas celebrations now, for we are humbly grateful for our faith.
With so much liberty lost in the last 10 years, it is disgusting that this is what the ACLU wastes its resources on. Its enough to make you want to turn into a fundamentalist just to take sides in this war on America.
There was almost nothing more important to our founding generation than keeping religion and our government separate; that’s why the first clause in the First Amendment (the Bill of Rights) regards religion and keeping the government out of it.
The intermingling of religion and state is NOT a non-issue as some here seem to think; it was of critical importance to our founders that the two be kept separate.
They did not want the government to have anything to do with our religious lives or belief systems, and they didn’t want religion to be involved in controlling our government.
James Madison — widely credited with being the Father of our Constitution — wrote frequently on the topic of keeping religion and government separate:
“Strongly guarded as is the separation between religion and government in the Constitution of the United States the danger of encroachment by Ecclesiastical Bodies, may be illustrated by precedents already furnished in their short history”
“The purpose of separation of church and state is to keep forever from these shores the ceaseless strife that has soaked the soil of Europe with blood for centuries.”
“And I have no doubt that every new example will succeed, as every past one has done, in showing that religion and Government will both exist in greater purity, the less they are mixed together”
“The number, the industry, and the morality of the priesthood, and the devotion of the people have been manifestly increased by the total separation of the church from the state”
“Religion flourishes in greater purity, without than with the aid of Government”
More from Madison at: http://en.thinkexist.com/quotes/james_madison/
There is a cross on a craggy summit just visable in the distance from the Reagan Library. Is this the same one?
No. The Reagan Library, which is in an absolutely stunning location and is worth visiting just to sit and enjoy the view, is not in the Mojave Desert.