April 28th, 2010
10:06 AM ET
13 years ago

High Court rules on cross in Mojave

Washington (CNN) - The Supreme Court has ruled a white cross, erected as a war memorial and placed on national parkland in the California desert, does not violate the constitutional separation of church and state.

The 5-4 majority concluded Congress acted properly when it tried to transfer land around the Mojave Memorial Cross to veterans groups, an effort to eliminate any Establishment Clause violation. A federal appeals panel had blocked that property swap.

At issue before the justices was whether the display fundamentally violates the first ten words of the Bill of Rights: "Congress shall make no law respecting an establishment of religion."

Filed under: Supreme Court
soundoff (18 Responses)
  1. Patrick

    What is disgusting is that 4 SCOTUS judges voted against this.

    April 28, 2010 10:20 am at 10:20 am |
  2. MichaelK

    The American Taliban wins another court battle. Too bad heathen veterans, you have no rights in Dominionist America.

    April 28, 2010 10:20 am at 10:20 am |
  3. phoenix86

    The real question is who are the 4 idiot justices who thought it did.

    April 28, 2010 10:38 am at 10:38 am |
  4. j

    The Supreme Court has made another bad ruling weakening the provision of separation between church and state as set forth in the Constitution.

    April 28, 2010 10:39 am at 10:39 am |
  5. m.e. brumley

    Wonderful! I am sorry the tax-payer's money had to be spent for this decision to be reached, but I'm in agreement with the ruling.

    April 28, 2010 10:47 am at 10:47 am |
  6. Brian

    What does a cross symbolize? Christianity. What is Christianity? A religion. How is this confusing for the justices?

    April 28, 2010 10:54 am at 10:54 am |
  7. Hugo

    Why aren't American citizen's filing class action lawsuits against the Federal Government for violation of our civil rights? The failure of the Federal Government to enforce our immigration laws has inflicted serious and harmful economic detriment on each and every tax paying citizen in our Nation. It has undermined our economy by raping our social services, depreciating our fair pay for tradesman and clogging our legal system with gang violence and deportation cases. I would contend that the Fed has continued and allowed a flagrant violation of our (every legal American citizen) civil rights as provided for under our Constitution and Bill of Rights. Where is the DNC, GOP or Tea Party to step up and demand accountability of our leadership in DC?

    April 28, 2010 10:58 am at 10:58 am |
  8. Sniffit

    Here we go again with the conservatives rewriting the Constitution.

    April 28, 2010 11:03 am at 11:03 am |
  9. Sniffit

    Activist conservative judges will be the ruin of this nation.

    April 28, 2010 11:06 am at 11:06 am |
  10. S Callahan

    Thank you God!

    April 28, 2010 11:10 am at 11:10 am |
  11. jp,michigan

    Chalk one up for the Supreme Court, the CROSS stays!

    April 28, 2010 11:14 am at 11:14 am |
  12. John D

    Amen to that. Let the cross be uncovered and stand as it has for years!

    April 28, 2010 11:31 am at 11:31 am |
  13. Joseph B

    Once more the conservatives on the supreme court legislate from the bench again in a 5-4 decision. It is shocking that these hypocrites claim to strictly interpret the constitution and are against activist judges – yet are the most activist supreme court members in history and ignore the constitution and bill of rights. The hypocrisy of the conservative ideologues on the bench is simply astounding.

    April 28, 2010 11:31 am at 11:31 am |
  14. Terry From West Texas

    I am a firm believer in the absolute separation of church and state. I am glad, nevertheless, that this little historical monument survives. It is not so much a symbol of Christianity as it is a symbol of mourning. The folks who put it there were expressing their sentiments over the loss of their friends, and the Cross expressed those thoughts.

    Today, we would do it differently. I'm an atheist, I guess, having never made acquaintance with any of humanity's hundreds of gods, but the government is not establishing a religion or making a religious statement. They are just honoring the veterans who were honoring their friends. I say, if you defeat the Third Reich, you get a pass.

    April 28, 2010 11:39 am at 11:39 am |
  15. Randy

    Glad Bush is out. Otherwise he'd create a theocracy for Christians only by executive order and have the majority (5 of 9) justices back him. Beware America!

    April 28, 2010 11:46 am at 11:46 am |
  16. Charles W. Skinner

    Finally! Those of us in Constitutional Law circles have been saying that this was an appropriately constitutional exercise of the government's power to dispose of property for YEARS now. Further, the objectors were not only wrong on the Constitutionality of the transfer, they were wrong on the "Public Policy" aspects of it, by attempting to destroy a monument rather than transfer it off the government balance sheet.

    April 28, 2010 11:48 am at 11:48 am |
  17. Ben in Texas

    Great. This clears the way for that giant bas-relief of a horned goat head inscribed in an inverted pentagon that I always wanted to see overlooking the Grand Canyon. It'll be a memorial for Wiccans killed during the Inquisition.

    Can't have it both ways, christers.

    April 28, 2010 11:50 am at 11:50 am |
  18. Ben in Texas

    (Oops. Pentagram, not pentagon. Freudian slip.)

    April 28, 2010 11:52 am at 11:52 am |