27 Pages Posted: 25 Oct 2010 Last revised: 4 Jun 2011
Date Written: October 26, 2010
This Article was submitted as a preliminary draft due to its potential relevance to the Salazar v. Buono remand. It is now superseded by "The Cross National Memorial: At the Intersection of Speech and Religion," (SSRN 1856844) (June 1, 2011). It remains posted here based on the remote chance that it was used during October 2010-June 2011.
This Article offers an interesting post script to the Supreme Court’s Salazar v. Buono Establishment Clause decision. It presents some surprising non-record facts and additional issues raised by Congress’s 2002 designation of the Mojave Cross as a “National Memorial.” This Act deserves more exploration, particularly because it appears wholly extraneous to the government policy approved by the Supreme Court plurality: ending the appearance of government endorsement of religion, while simultaneously “avoid[ing] the disturbing symbolism associated with the destruction of the historic monument.”
Included in the new information is evidence that National Memorial status is not as lofty or rare as it would seem, the cross does not appear to be the sole WWI memorial for the nation, and in the past, Congress has abolished National Memorial status upon transferring the land. The Article also looks at the intersection of historic preservation law and Congress’ requirement that the Secretary of the Interior fund and install a new replica cross on Sunrise Rock.
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