[StBernard] ACLU Threatens Another Lawsuit Over a Cross

[Westley Annis]

ACLU Threatens Another Lawsuit Over a Cross
By Jay Sekulow
Friday, August 11, 2006

Today we applaud the local government of a Louisiana Parish for its decision
to stand-up against the ACLU. The Parish, which is under attack by the ACLU
for plans to permit the construction of a memorial that includes a cross to
honor hurricane victims, is on firm legal ground. We sent a letter to the
president of St. Bernard Parish in Chalmette, LA providing a legal analysis
of why their decision to permit construction of a memorial that includes a
cross is constitutional.


Once again, the ACLU is trying to sanitize America by embracing a legally
flawed perspective designed to intimidate local government officials to
remove all religious symbols - this time involving a memorial on private
property built with private funds. Without question, the decision to build a
memorial that includes a cross on private property in St. Bernard Parish is
constitutional and is supported by extensive case law. The ACLU is
attempting to intimidate local government officials, and we're delighted
that officials have decided to stand-up against the ACLU and reject those
bullying tactics. We admire the leadership of St. Bernard Parish and stand
ready to assist them if necessary in protecting their right to permit
construction of a memorial honoring victims of Hurricane Katrina.


The ACLU sent officials a letter in late July criticizing plans by St.
Bernard Parish to permit a memorial that will feature a cross saying the use
of the religious symbol violates the constitution. In our informational
letter to St. Bernard Parish President Henry "Junior" Rodriguez, we contend
that the plans to construct the cross memorial are fully consistent with
First Amendment precedent, and the ACLU demand to eliminate the use of the
cross amounts to censorship. We state: "The speech activities of private
citizens responsible for funding, planning, and building this memorial are
fully protected by the First Amendment, which forbids the government from
prohibiting the free exercise of religion or abridging the freedom of
speech."


Our letter concludes: "Given the clarity of First Amendment law with regard
to the free speech rights of private citizens, only a fundamental
misunderstanding of the facts (i.e. the private ownership of the location of
the memorial) can explain the Louisiana ACLU's insistence on having the
Hurricane Katrina memorial moved or changed. The Establishment Clause
neither requires nor allows government suppression of private religious
expression. We admire your commitment to honoring the freedom of speech of
the memorial's organizers and your willingness to stand up to the Louisiana
ACLU on this issue."


We have also been deeply involved in protecting another memorial which
includes a cross. We represented members of Congress in filing legal briefs
in support of the Mt. Soledad memorial in San Diego - which includes a cross
honoring those who died in war. In that case, the Supreme Court put on hold
a federal court order that would have removed the cross so legal appeals can
move forward. Congress also has passed legislation designed to save the
memorial.



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