Jewish War Veterans of the United States of America

Letter to Senator Feinstein and Senator Boxer

Fall 2007

September 11, 2007

The Honorable Dianne Feinstein
United States Senate
Washington, DC 20510

The Honorable Barbara Boxer
United States Senate
Washington, DC 20510

Dear Senator Feinstein and Senator Boxer:

When the Congress approved legislation transferring ownership of the land on which the Mt. Soledad Cross sits to Federal jurisdiction, you both approved and sanctioned the move.

According to Senator Feinstein, "The Mt. Soledad Cross has been a great source of hope and inspiration for decades, and it has important historical significance to veterans and San Diegans alike. I do not believe it should be torn down."

Senator Boxer, you are on record as saying, "I believe this monument to be a memorial to our veterans, and therefore should be allowed to stay."

As you may be aware, the Jewish War Veterans of the USA (JWV) brought suit to remove the cross from Federal jurisdiction in order to preserve the principle of separation of Church and State upon which this country was founded and which is intrinsic to the liberty of all Americans.

In a recent decision regarding the Mojave Cross, a similar monument on public land, the Federal courts have found National Park Service (NPS) conduct and subsequent Congressional acts to maintain a Cross in the Mojave National Preserve violated the Constitution's First Amendment. On September 6, 2007, a unanimous three-judge panel of the Ninth Circuit ruled as improper an act of Congress (P.L. 108-87, section 8121 (2003)) that mandated the exchange of the Federal land with the cross.

In light of this recent decision, which should set a precedent for a similar ruling on the JWV suit concerning the Mt. Soledad Cross, we are concerned as to your present position on this issue? The JWV is continuing to pursue its case. We expect a similar ruling from the Courts. We would appreciate your proposals on the issues involved.


Lawrence Schulman
National Commander


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