President Obama had a golden Memorial Day opportunity to show the country that (contrary to his left flank) he is not anti-military and not anti-Christian, by telling Attorney General Eric Holder to order the Park Service to permit volunteer veterans to replace the Mojave Cross that was stolen on May 9. But he let the atheists and those who sneer at our veterans win the day.
It was a test of presidential decision-making, just like Fox News' question as to whether he supports a boycott against Arizona. Remembering that boycotts were a favorite tactic of his pre-senatorial career in community organizing, Obama ducked, saying that, as president, he could not support a boycott and likewise he could not NOT support a boycott.
The homemade 7-foot-tall cross, made from two sections of hollow metal pipe filled with concrete, bolted together and painted white, was erected in a remote spot of the 1.6-million-acre Mojave Desert back in 1934 by the Veterans of Foreign Wars as a memorial to World War I veterans. In order for an atheist to claim he was offended by the sight of the cross on U.S. Park Service property, he would have to travel 10 miles from the nearest highway and 30 miles from the nearest town, across an inhospitable and rocky terrain.
For nine years, the cross has been the target of lawsuits by the ACLU, representing atheists who appeal to supremacist judges to rule that this memorial cross violates the First Amendment and so-called separation of church and state.
In 2001, a federal judge ordered this cross to be covered until the legal issues were finalized. First, it was covered by a large tarp, and later by unpainted plywood, which looked rather like an unsold billboard.
Congress then intervened and transferred to private ownership the small plot of land on which the cross stood. That should have ended the dispute, since obviously a cross can be on private land regardless of how much it annoys the neighbors.
In 2008, the liberal Ninth Circuit again ordered the cross to be removed rather than transferred to private ownership. Forward to the U.S. Supreme Court.
In April this year, the Supreme Court by 5-to-4 reversed the Ninth Circuit along with a remand to review the facts again. It's unfortunate that the high court gave the anti-religion Ninth Circuit another bite at the apple, but the Supreme Court did specifically reject the assertion that the cross automatically violates the Establishment Clause.
Phyllis Schlafly is a national leader of the pro-family movement, a nationally syndicated columnist and author of Feminist Fantasies.
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