Tag Archive | "U.S. District"

Mojave cross stolen two weeks after U.S. Supreme Court ruling

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Two weeks after the Supreme Court ruled to protect the Mojave Desert War Memorial, thieves stole the Sunrise Rock cross. 

On May 10, a Park employee noticed the cross was missing and said it was probably removed during the night, according to CityWatch (CW).  

An anonymous caller who clamed to know who stole the cross sent an email to a reporter saying the cross was “lovingly” removed and would be returned after a non-sectarian memorial is placed on the site, CW reported.

CW cited US Reps Buck McKeon, Ken Calvert and Congressman Jerry Lewis who condemned the theft of the cross.  Calvert called it an act of vandals and an insult to anyone who had served in the US Armed Forces. 

Calvert also promised that he, Congressmen Lewis, McKeon, the Veterans of Foreign Wars and the Liberty Institute will work with all involved entities to recover the cross and replace it on its rightful place on Sunrise Rock, CW reported.

Wanda Sandoz, who with her husband Henry were longtime caretakers of the cross said, “Whoever did this either cut it off or put a chain around it a dragged it off with their vehicle,” according to CW.

The memorial was first set up in 1934 by a group of World War I veterans.  It has been torn down and replaced twice, and 10 years ago received the ire of the American Civil Liberties Union (ACLU), according to The Press Enterprise.

The Park Service has collected some physical evidence from where the cross was located, and investigators are reviewing messages left on a tip hot line that was set up after the theft, The Press Enterprise said.

Liberty Institute is also offering a $25,000 reward for information leading to the arrest and conviction of the person or persons who vandalized the area and stole the cross, according to CityWatch.

In 1999, the ACLU sued to have the cross removed after a former employee of the park, Frank Buono, retired and moved to Oregon, then claimed that it offended him to see the cross on public land, according to the Tulsa Beacon.

In 2002, the U.S. District Court in Riverside, California ruled in favor of the ACLU case.  An appeal was immediately filed to forestall the cross’ removal, but it was covered by a wooden box, the Tulsa Beacon reported.

Congressman Jerry Lewis (R-Calif.), helped the Legionnaires get the cross legally designated as the “National WWI Veterans Memorial” and worked in Congress to transfer a one-acre tract of land containing the cross to private ownership through a land swap deal, the Tulsa Beacon reported.

The ACLU complained that this was done solely to evade the District Court’s order for the cross to be removed. In the appeal, the 9th Circuit Court upheld the lower court’s decision and invalidated the congressional act in transferring the land to private ownership, according to the Tulsa Beacon.

However when the case was raised to the U. S. Supreme Court, the decisions of both lower courts were overturned by a 5-4 vote, and the SC refused to order the removal of the cross, the Tulsa Beacon noted.

Justice Kennedy, who wrote the majority opinion, said “The goal of avoiding governmental endorsement (of religion) does not require the eradication of all religions’ symbols in the public realm.”

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National Day of prayer observed nationwide despite ruling, controversy

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Despite a judge’s ruling that declared the National Day of Prayer unconstitutional, special observations were held across the nation and in several places in the capital city including the Pentagon, the Cannon House Office Building and the steps of the US Capitol, according to the Los Angeles Times.

Rev. Franklin Graham, who had been disinvited to the Pentagon because of comments he had made regarding the Islamic faith after 911 nonetheless prayed on a sidewalk outside the building.  Graham is honorary chairman of the private National Day of Prayer Task Force.

However, President Brack Obama, whose administration on April 22 appealed the judge’s ruling and issued a National Day of Prayer proclamation, did not hold an interfaith observance at the White House, according to the SunGazette.

On April 15, U.S. District Judge Barbara Crabb ruled that the National Day of Prayer is unconstitutional and violates the First Amendment.  However in her decision, Crabb said ceremonies could still be held pending appeals.

In observances at Williamsport-Lycoming County, Pennsylvania keynote speaker state Superior Court Judge Cheryl Allen challenged Crabb’s argument centered on the separation of church and state, and alleged violation of the First Amendment, the SunGazette said.

Allen said, “I couldn’t find separation of church and state in the Constitution.” Regarding the First Amendment she cited the first part which says, “Congress shall make no laws establishing a religion” and said the founding fathers came to America to escape England, which had established a church and persecuted those who would not attend.  Allen then noted the second portion of the First Amendment clause which states: “or prohibiting the free exercise thereof.”

James Dobson, who founded Focus on the Family and whose wife chairs the National Day of Prayer said the event puts a prayer covering over the nation and noted that since 1775 the first Continental Congress called for a national day of prayer.

Dobson noted that 34 out of 44 Presidents have called for a national day of prayer including George Washington, Abraham Lincoln, Franklin Delano Roosevelt, Woodrow Wilson, George Herbert Walker Bush and George W. Bush, the New York News Today reported.

Dobson said, “How can something be unconstitutional when it was passed by both houses of Congress unanimously and signed by Ronald Reagan and Harry Truman and implemented by all those Presidents back through the years?”

Charles Haynes, a First Amendment scholar who specializes in religious liberty expects President Obama to succeed with his appeal.  He said a  judge could possibly cite a 1983 Supreme Court decision that upheld the right to legislative prayer on grounds that “the offering of prayer is a tolerable acknowledgment of beliefs widely held among the people of this country,” the Los Angeles Times reported.

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Atheist Group Urges Obama to Replace National Day of Prayer with National Day of Reason

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The National Day of Prayer has been recognized and observed by every U.S. President since 1775.

The American Humanist Association (AHA) is at it again. The group recently embarked on a mission to replace the word “God” in the national motto “In God We Trust” with “Good” (see The Underground’s article Humanist Group Unveils “In Good We Trust” Billboards). Now they have set their sights on the National Day of Prayer, arguing instead for a “National Day of Reason,” according to CNS News.

The group’s movement started on the heels of last week’s federal court ruling that the National Day of Prayer was indeed unconstitutional because it violates the separation of church and state. U.S. District Court Judge Barbara B. Crabb wrote of the 1952 statute creating the National Day of Prayer that its “sole purpose is to encourage all citizens to engage in prayer, an inherently religious exercise that serves no secular function,” according to the official AHA web site.

White House spokespersons have reported that President Obama will still recognize the traditional observance of the National Day of Prayer on May 6, as the court’s appeals process will not yet be exhausted by that time.

AHA Director Roy Speckhardt disagrees with the president’s decision.

“The government should not be directing citizens to pray,” he said. “In addition to being unconstitutional, it’s also specifically offensive to people who don’t believe in a god and are made to feel excluded by the observance.”

Historically, there have been several recorded National Days of Prayer, even before the 1952 ruling establishing the observance we now recognize as a nation. In 1775, the Continental Congress marked a day to designate “a time of prayer in forming a new nation.”

Former U.S. President John Adams would later declare May 9, 1798 “a day of solemn humiliation, fasting and prayer.” He asked Americans to pray “that our country may be protected from all the dangers which threaten it.”

The National Day of Prayer became a requirement of U.S. presidents’ recognition when, on April 17, 1952, former President Harry S. Truman signed a bill declaring that all subsequent presidents observe the day.

In recent years, the National Day of Prayer was reintroduced to the nation due, in part, to the efforts of the Reverend Billy Graham and certain members of both the House and the Senate. Together, these men implemented a joint resolution to mark an annual National Day of Prayer, “on which the people of the United States may turn to God in prayer and meditation at churches, in groups, and as individuals.”

Peter Spriggs, senior fellow for policy studies at Family Research Council told CNSNews.com, “The American Humanist Association and their allied groups have every right to promote a new celebration if they want to – and if they can persuade people to participate voluntarily, that’s fine, but I don’t think they have a right to do away with a long-standing tradition that is deeply rooted in our nation’s history – which is calling the people to prayer.”

Spriggs also added, “[The National Day of Prayer] is inclusive of the vast majority of Americans who believe in a Supreme Being and who do pray, and it is inclusive of the vast majority of Americans throughout the history of our country –and the vast majority of the leaders of our country through our history.”

Of Judge Barabra Crabb, Spriggs concluded, “Judge Crabb was inferring that she found something in the Constitution that every president and Congress since 1775 has not.”

The case is expected to have its day in the U.S. Supreme Court.

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Christians appeal to president Obama for national prayer day

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Attorneys with the Christian legal firm Alliance Defense Fund urged President Barack Obama to appeal the decision of a federal judge’s ruling that National Prayer Day is unconstitutional recently.

Before thousands of guests, including a dozen foreign leaders, President Barack Obama called for greater understanding and cooperation among people of all faiths at the National Prayer Breakfast on Feb. 5, 2008.

The ADF lawyers made their plea after U.S. District Judge Barbara Crabb struck down a federal statute creating the “National Day of Prayer.” According to Crabb, the statute connotes endorsement and encouragement of a particular religious exercise.

But ADF Senior Legal Counsel Joel Oster argues that the national prayer day is “America’s heritage” and “belongs to Americans.”  He added, “The National Day of Prayer provides an opportunity for all Americans to pray voluntarily according to their own faith – and does not promote any particular religion or form of religious observance.”

National Prayer Day (NPD) was created in 1952 by a joint resolution of the United States Congress and signed into law by President Harry S. Truman.  Although it has been celebrated yearly since then, a lawsuit against NPD was filed in October 2008 by the Freedom From Religion Foundation (FFRF).

The FFRF is a Madison, Wisconsin group that was founded in 1976.  They are pledged to promote separation of church and state, and to educate the public on “nontheism”.

The Rev. Barry Lynn, executive director of Americans United for Separation of Church and State,  praised Judge Crabb’s ruling saying, “This decision is a tremendous victory for religious liberty.  Congress has no business telling Americans when or how to pray.”

Lynn added, “The Constitution forbids the government to meddle in religious matters. Decisions about worship should be made by individuals without direction from elected officials. That’s what freedom is all about.”

Ever since 1952, US presidents have always set an annual National Day of Prayer.  Since 1988, the presidents have always designated the first Thursday of May as the National Day of Prayer.

Last year, President Obama issued a proclamation designating the first Thursday of May as the National Day of Prayer, and prayed privately.  Despite the present ruling, Obama still intends to recognize the day this year on May 6.

Shirley Dobson, chair of the National Day of Prayer Task Force said it is imperative “now more than ever before” to pray.  Dobson has organized thousands of local prayer events throughout the country, including gatherings in Washington, D.C., with government leaders.

Sources:

http://news.yahoo.com/s/csm/20100416/ts_csm/294988;_ylt=AkZQP7YV39sLuNafx7pe2jg7Xs8F;_ylu=X3oDMTJldDE4NGhjBGFzc2V0A2NzbS8yMDEwMDQxNi8yOTQ5ODgEcG9zAzE2BHNlYwN5bl9wYWdpbmF0ZV9zdW1tYXJ5X2xpc3QEc2xrA2ZlZGVyYWxqdWRnZQ–

http://www.christianpost.com/article/20100416/obama-urged-to-appeal-nat-l-prayer-day-ruling/index.html

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