Posted on 05/27/2005 6:02:02 AM PDT by OESY
...Atop that hill stands a six-foot cross.... That dusty hilltop and its lonely marker just might become the scene of the most significant church-state controversy since last year's fight over the Pledge of Allegiance.
In 1934, a gritty prospector named J. Riley Bembry gathered a couple of his fellow World War I veterans at Sunrise Rock. Together they erected the cross, in honor of their fallen comrades. The memorial has been privately maintained ever since....
A wrinkle developed in 1994, when the federal government declared the surrounding area a national preserve. With the cross now located on newly public land, ...the ACLU demanded that the National Park Service tear down the cross.
Mr. Buono insists that his seeing the monument ("two to four times a year") violates his civil rights. A federal district court found in his favor, and the decision was subsequently upheld by the Ninth Circuit....
The ACLU, however, has made out quite nicely. Not only has it prevailed in the courts to date, but it has managed to pocket $63,000. Owing to a quirk in civil-rights law, the taxpayer once again ended up paying the ACLU for pressing a highly controversial church-state lawsuit.
The Civil Rights Attorney's Fees Award Act of 1976 specifies that anyone bringing an even partly successful civil-rights suit may have the plaintiff pay all legal fees for both parties, a discretionary award that is routinely granted. Such fee-reversals are not permitted to successful defendants. Congress meant for the law to help citizens with little or no money, but since then wealthy and powerful organizations have perverted that intention. They use the specter of massive attorney fees to force their secularist agenda on small school districts, cash-strapped municipalities and, now, veterans' memorials....
(Excerpt) Read more at online.wsj.com ...
I am sick of my tax dollars being use to finance this bunch of communist of the ACLU. Write you congress persons as I have done and let them know how you feel.
You and me both! All conservatives need to get on board on this issue!!!
Our congress is asleep.
Should be "grandfathered" out of contention, since it pre-existed the conversion of the surrounding land.
On top of being a bunch of limp wristed pansy's.
I wouldn't mind a bit if federal funds were used to finance a memorial to ACLU types who lost their lives in service to their agenda........
Let us wake them up! Time to start writing, Again!
And the slide into tyranny continues...
Buono is still alive. What's he complaining about?
I guess it's time to rip every cross out of Arlington National Cemetary. :0(
Yes, it is time to revise this law. As a former pl;aintiff, I would say that it even influences the behavior of attorneys for individual cases. They don't have to try as hard, as they get paid by the hour.
David Limbaugh covered this in "Persecution".
Mr. Buono, you don't like the cross? YOU go remove it and stop hiding behind the skirts of your ACLU lawyers.
Good luck!
Yes, an ACLU memorial urinal would be both appropriate and useful.
Don't expect the majority Republicans to do anything about this. They're afraid of their own shadow.
History and respect have no place in a lefty society. Tolerance is supression; knowledge is dangerous.
ping
ping
The WSJ appears to have missed a step. The Federal government doesn't just "declare" an area a national preserve unless it owns it first. The ACLU may be on sound legal footing in this case for reasons completely unrelated to religion. Who owned the land when this cross was erected on it in the 1930s?
Shouldn't be an issue since the government shouldn0't have the land in the first place.
No argument there; but I wish I had a dollar for everything the fedgov has now that they weren't originally intended to have.


This is a couple years old but it's a good background story:
THAT OLD RUGGED CROSS
ACLU opposition, vandals threaten veterans war memorial in Mojave Desert
Las Vegas Review-Journal 12/15/02
MOJAVE NATIONAL PRESERVE, Calif. - On a cool afternoon last week, Henry Sandoz, a retired miner with a thick white mustache and scuffed up cowboy boots, climbed a rock as big as a two-story house in this desert landscape.
"They tried cutting it down," the 63-year-old said from atop what locals have dubbed Sunrise Rock, about 10 miles off Interstate 15 just south of the Nevada border.
He pointed to rusty scuff marks on a 6-foot-tall steel cross that had been set in concrete and bolted atop the rock. "Two places where they used hacksaws," he noted.
"Really," said his wife, Wanda, 59, standing below, eating cheese and crackers.
"Yup," said Henry, flashing a wry smile. "Here, it looks like they even wrapped a chain around it.
He shook his head and laughed. "Well, they sure tried hard."
Foes of the cross -- first vandals and then the American Civil Liberties Union -- have for years been trying hard to remove the two welded pieces of steel from Sunrise Rock.
The ACLU sued the federal government, contending that because the cross sits on federal land, it violates the constitutional doctrine of separation of church and state. A judge agreed and ordered the cross removed.
But the fight isn't over yet. The area's congressman became involved, and a land trade could save the 6-foot-tall symbol.
Long before the courts or the politicians got involved, the cross's protector was a grizzled old prospector and World War I veteran named J. Riley Bembry.
"We really loved him," said Wanda, a retired school bus driver.
"Yeah," said her husband. "He was like a second father to me."
In 1934, Bembry and a group of other war veterans fashioned a cross out of steel pipe and set it high above the desert floor. According to a plaque they placed nearby, they intended it to be a memorial to all war veterans.
Over the years, the vets would gather at the rock on Easter Sunday for sunrise services. The cross became more than a war memorial; it became a religious gathering place.
From time to time, vandals or the elements would knock the cross down. Eventually, the plaque disappeared. But every time the cross went down, Bembry or another vet would put it back up. Sometimes he'd make a new one from pipe, other times he simply nailed two boards together.
The prospector lived not far away, in a shack he'd built out of wooden planks and corrugated aluminum back in the 1920s. To this day, the shack sits alone in the desert near one of his mining claims.
Along the way, Bembry, who was born in 1899, befriended the Sandozes, who met him while picnicking. The Sandozes have lived in the area for more than 40 years.
As Bembry got older, caring for the cross became more difficult. Eventually, when he was in his 70s, it became more than he could handle.
The cross again was gone when he confided in his friend.
"I sure would like to see somebody put that cross back up there and maintain it," Henry Sandoz recalls Bembry saying to him.
Sandoz knew a hint when he heard one. He thought long and hard about his friend's plea, and he said yes, he'd do it. He would look after the cross.
Sandoz had never served in the military. So taking care of the cross, he said, was "partly my contribution to my country. And to my friend, Riley Bembry. I knew he couldn't do it any more."
Bembry died in 1984, and his friends buried him in a tiny cemetery far off the beaten path out in the Mojave. His grave, one of just five in the cemetery, sits next to a prospector's who died in 1909.
For better than two decades now, both before and after Bembry's death, the Sandozes have been the caretakers of the cross.
Just like Bembry, Sandoz often found himself replacing the cross. A few years back, he finally welded two 4-inch steel pipes together, bolted the cross to the top of Sunrise Rock and filled the hollow pipes with concrete.
It seemed to hold well, he said. Indeed, the cross is so solidly attached to the rock today that someone without serious power tools would probably have a hard time removing it.
The Sandozes and a few dozen mountain residents continued to hold Easter services at the cross, they said.
In 1994, 60 years after the cross was erected, the federal government declared the surrounding 1.6 million acre area covered with Joshua trees, old mining trails and dry lakes a national preserve. The National Park Service took over managing the land from the Bureau of Land Management.
At the time the preserve was formed, the Park Service employed a man named Frank Buono, an environmentalist who went on to become the area's assistant superintendent for ecosystem management.
After Buono retired in 1997, he complained about the cross, according to court documents. Its presence there offended him, he said, because it appeared to be a government endorsement of Christianity.
The Southern California chapter of the American Civil Liberties Union got word of the controversy and immediately argued the cross violated the constitutional principle of separation of church and state.
In October 1999, the ACLU threatened to sue the Park Service if the cross was not removed. Park officials undertook a study and decided that the cross did not have enough historical significance to qualify for inclusion in the National Register of Historic Places, and so it should come down.
Area residents, however, put up a fight.
"We didn't just tell them no. We said, `Hell no,' " Sandoz explained. "I put it up there to stay and I'm not taking it down."
In the meantime, Rep. Jerry Lewis, R-Redlands, heard about the cross and the ACLU's objection.
In 2001, Lewis slipped an amendment into a bill that made it illegal for the Park Service to remove the cross. The cross would stay, it seemed.
And so the ACLU sued.
In July of this year, a federal judge in Riverside, Calif., ruled that the presence of the religious symbol on the land was unconstitutional. He ordered the Park Service to remove it, though the judge did not specify when, exactly, that should be done.
The Sandozes were devastated, but there was still hope for the cross. Lewis was not done maneuvering.
He plans on introducing language into a bill in the upcoming session of Congress that would transfer the land that the cross sits on into private hands, a local Veterans of Foreign Wars post, in exchange for land that the Sandozes own.
The land transfer idea has the Sandozes excited. But they said even if it fails, the courts will not stop them or their neighbors from using the area as they wish.
"If the cross did have to come down -- and in my heart I don't believe that it will -- we would still have Easter sunrise services out there," said Wanda Sandoz. "We would carry a cross out there with us if we had to."
"The ACLU, however, has made out quite nicely. Not only has it prevailed in the courts to date, but it has managed to pocket $63,000. Owing to a quirk in civil-rights law, the taxpayer once again ended up paying the ACLU for pressing a highly controversial church-state lawsuit.
The Civil Rights Attorney's Fees Award Act of 1976 specifies that anyone bringing an even partly successful civil-rights suit may have the defendant pay all legal fees for both parties, a discretionary award that is routinely granted. Such fee-reversals are not permitted to successful defendants. Congress meant for the law to help citizens with little or no money, but since then wealthy and powerful organizations have perverted that intention. They use the specter of massive attorney fees to force their secularist agenda on small school districts, cash-strapped municipalities and, now, veterans' memorials. According to Rees Lloyd, a former ACLU staff lawyer, such litigation is "manifestly in terrorem," intended to terrify defendants into settling out of court."
You can help stop the ACLU by contacting your representatives to support the following:
Rep. John Hostettler, R-Ind., filed a measure to amend the Civil Rights Attorney's Fees Act of 1976, 42 U.S.C. Section 1988, to prohibit prevailing parties from being awarded attorneys fee in religious establishment cases, but not in other civil rights filings. If you want to corral the ACLU, then consider a letter or email to your Congressman urging them to cosponsor this legislation.
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