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January 12, 2009

Last week, the 桃子视频 in the 9th Circuit Court of Appeals on behalf of our clients, the , against the City of San Diego in our Soledad Cross case. We lost the first go-round with this case in district court, when Judge Larry Burns ruled 鈥� erroneously, we believe 鈥� that the cross is not a religious symbol, and is therefore not unconstitutionally sitting on a federally war memorial. Burns said in his decision that the cross “communicates the primarily nonreligious messages of military service, death and sacrifice.鈥�

We’re scratching our heads too. Many Christians might be offended that a federal judge is saying that one of the principal symbols 鈥� for many the ultimate symbol 鈥� of their religion is “not religious.”

In our brief, we argue that allowing a Christian cross 鈥� namely a Latin cross which actually, technically represents only a percentage of Christians 鈥� to sit on government-owned property is a violation of the First Amendment’s establishment clause (the part that states: “Congress shall make no law respecting an establishment of religion鈥�”).

Back in September, the queried religious leaders whether or not they agreed with Burns’ decision that a cross was not a religious symbol. We agree with Varun Soni, a Hindu, lawyer and dean of Religious Life at the University of Southern California, who told the Times:

[M]any non-Christian faith practitioners in the U.S. do not feel that the cross culturally represents them as Americans, regardless of its context or venue鈥 believe鈥he Mount Soledad case鈥� should now be analyzed through interfaith and multi-faith lenses.

This is what we ask the 9th Circuit to do. Put yourself in the shoes of a non-Christian, and see the Soledad cross for what it is 鈥� a symbol of Christianity standing on taxpayer-funded land in violation of the First Amendment 鈥� and nothing else.

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