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American Legion helps front legal defense to save Mojave memorial cross

The American Legion's national commander says legal teams involved with a national coalition to protect veteran's memorials are working on a response and possible appeal of the September 6 ruling by the Ninth U.S. Circuit Court of Appeals ordering the cross at the Mojave Desert Veterans Memorial to be taken down.



Marty Conatser says the disqualification of the 2004 federal land transfer to private ownership to preserve the cross represents one facet of a coordinated attack by groups like the American Civil Liberties Union on nearly all symbols of America's religious history on public display -- done through judges who he says are making laws instead of interpreting laws.

"I don't think it's about freedom of religion," he says of the seemingly endless lawsuits filed by the ACLU over religious symbols in public places. "[The First Amendment] says 'Congress shall pass no law prohibiting the free [exercise] of religion.' It doesn't say complete and absolute separation."

He shares that the Legion is concerned that legal attacks against religious symbols in public settings may lead to attacks in other venues. "Where does that stop? Is the next step doing away with chaplains in the military?" he wonders. "We're very concerned that someone has to step up and stand up for right."

The Legion's spokesman also shares that he does not see how a memorial cross, erected by and for veterans more than 70 years ago, crosses the line between government, church, and state. But Conatser says he does see how the ACLU makes taxpayer money in attorneys fees by suing local governments often strapped for cash.

"It's simply extortion bringing [lawsuits against] municipalities to do away with religious symbols," he says.

Which is why the American Legion, Alliance Defense Fund, and others in the memorial protection alliance are not only opposing lawsuits in court, but trying to get legislation like the Public Expressions of Religion Act passed. PERA would allow religious symbols and cut off the ACLU's ability to get paid by taxpayers for opposing them.