Salazar v. Buono: Can Government Give One Religions Symbol Prominence in a Public Park?
On Oct. 7, 2009, the U.S. Supreme Court will hear oral arguments in Salazar v. Buono, a case involving a constitutional challenge to the presence of an eight-foot-tall Christian cross in the Mojave National Preserve in San Bernardino County, California. After eight years of litigation in lower courts, the case is now before the Supreme Court. The high court’s decision has the potential to determine the fate of the cross and similar displays across the country as well as to limit who may bring Establishment Clause lawsuits in federal court. What is the origin of this controversy? In 1934, the Veterans of Foreign Wars (VFW), a private organization, honored World War I veterans by placing a Christian cross on top of a large outcropping known as Sunrise Rock, on public land in what is now the Mojave National Preserve. Over the years, other private groups and individuals have replaced the cross several times; the current cross was erected in 1998 by Henry Sandoz, a private citizen who lives