ACLJ Calls 9th Circuit Decision Declaring San Diego War Memorial Unconstitutional 'a Judicial Slap in the Face' for Military Veterans

WASHINGTON, Jan. 4. 2011 /PRNewswire-USNewswire/ -- The American Center for Law and Justice (ACLJ), which filed an amicus brief behalf of 25 members of Congress in support of the Mt. Soledad Veterans Memorial in San Diego, said today's decision by a federal appeals court declaring the memorial unconstitutional is flawed and represents "a judicial slap in the face" to our military veterans.

"The decision represents a judicial slap in the face to the countless military veterans honored by this memorial,"  said Jay Sekulow, Chief Counsel of the ACLJ, which has been active for years in defending the constitutionality of the memorial and its cross.  "This flawed decision not only strikes at the heart of honoring our military veterans, it reaches a faulty conclusion that this iconic memorial -- part of the historic landscape of San Diego -- is unconstitutional.  We believe the appeals court got this decision wrong and we look forward to the case going to the Supreme Court where we're confident this decision will be overturned.  We're already preparing for the next chapter in this decades-old challenge and plan to file an amicus brief at the high court in support of the constitutionality of the memorial on behalf of members of Congress."

The ACLJ filed is amicus brief with the U.S. Court of Appeals for the Ninth Circuit in March 2009 - on behalf of itself, 25 members of the 111th U.S. Congress and Advocates for Faith and Freedom, a California-based religious liberty law firm, which served as co-counsel in the case.

The ACLJ represented the following United States Representatives: Todd Akin, Gresham Barrett, Rob Bishop, Dan Burton, John Campbell, Eric Cantor, Michael Conaway, John Culberson, Virginia Foxx, Scott Garrett, Phil Gingrey, Louie Gohmert, Steve King, Jack Kingston, John Kline, Patrick McHenry, Mike McIntyre, Kenny Marchant, Gary Miller, Sue Myrick, Randy Neugebauer, Joseph Pitts, Dana Rohrabacher, Todd Tiahrt, and Lynn Westmoreland.

In its brief, the ACLJ contended that the federal government's acquisition and operation of the Mt. Soledad Veterans Memorial -- including its commemorative cross -- is consistent with the Establishment Clause of the First Amendment.

The ACLJ amicus brief is posted here.

Led by Chief Counsel Jay Sekulow, the American Center for Law and Justice focuses on constitutional law and is based in Washington, D.C.  The ACLJ is online at www.aclj.org.

SOURCE American Center for Law and Justice

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