Another court loss for the Mojave Cross

PASADENA — An opinion from the ninth circuit court of appeals, upheld a ruling that prohibits leaving the 8-foot Mojave Cross atop a rock in the Mojave National Preserve, where it has been for 70 years.

First erected by World War I veterans, the Mojave Cross has been designated as a national memorial by Congress and has been strongly supported by the American Legion at its national convention.

The recently released opinion upholds prior rulings that deems the cross unconstitutional — a religious artifact on public land.

Rep. Jerry Lewis, R-Redlands, sponsored a land exchange bill that would have given the land where the cross is located to Veterans of Foreign Wars, so that the cross could remain. The recent ruling says that the district court did not abuse its discretion in stopping the government from proceeding with the land exchange.

Lewis plans on urging the Department of Interior and Department of Justice to take the issue all the way to the Supreme Court.

Five judges from the ninth circuit court of appeals dissented from the decision and believed the ruling should be reversed.

“The congressman is very encouraged by the dissents, and he feels they lay out very well what he’s always believed, that this was never a religious artifact, it is simply a memorial to honor veterans,” said Jim Specht, spokesman for Lewis.

In their dissent, a similar case is cited where the Supreme Court went the other way, Specht added.

Specht said that as soon as Lewis can reach the Department of Interior, he will urge them to continue the fight in the Supreme Court.