ANN ARBOR, MI – On Monday, April 14, 2008, the Honorable Larry Alan Burns, a federal district court judge in Southern California, will hear oral arguments in the ACLU’s latest lawsuit to tear down the Mt. Soledad Cross. When Judge Burns considers the case, he will have in his file a compelling brief supporting the Mt. Soledad Cross filed by the Thomas More Law Center.
The Law Center’s friend of the court brief was filed on behalf of the families of Marine Majors Michael D. Martino and Gerald Bloomfield, III, both of whom were killed in combat in Iraq on November 2, 2005 when their attack helicopter was shot down by a surface-to-air missile. Their memories are now preserved by plaques located under the Mt. Soledad Cross, which were dedicated in their honor by their Marine Squadron. (Click here to see brief.)
The Thomas More Law Center, a national public interest law firm based in Ann Arbor, Michigan, filed its brief on behalf of Sybil and Robert Martino—parents of Major Martino—and Julie Bloomfield—spouse of Major Bloomfield. The brief contains several moving photographs of family members at the grave site at Arlington National Cemetery and at the Mt. Soledad Memorial.
Richard Thompson, the President and Chief Counsel for the Law Center, commented, “Rather than focusing solely on cold legal precedent, we wanted the court to feel the devastating impact removing the cross will have on families who have given up their most precious possession in defense of our country. Ironically, the ALCU wants to use the very constitution these Marines died protecting to eliminate the memory of their sacrifices.”
In May 2006, Major Martino and Major Bloomfield’s unit, which had recently returned from Iraq, sponsored a plaque dedication ceremony at the memorial to commemorate the fallen Marines’ heroic service and to provide a place to honor them. Over three hundred Marines stood in line for over three hours to meet the Marines’ families and to pay respect for their fallen comrades.
The Law Center stepped in and defended the Cross just weeks before it was to be taken down pursuant to an agreement between the City of San Diego and a self-proclaimed atheist who was seeking to remove it. From that point on, the Law Center, with assistance from its West Coast Regional Director, Charles LiMandri, has played a significant role in defending the Cross. The Law Center ultimately prevailed in both the state and federal courts by successfully petitioning the federal government to transfer the cross from city to federal property, thereby rendering a district court’s order to remove the cross moot.
However, the ACLU soon thereafter filed a new lawsuit, this time against the federal government, claiming the transfer was improper and that the display of the memorial cross as part of this veterans’ memorial violated the so-called “wall of separation of church and state.” Federal government lawyers are defending the cross in this new lawsuit. However, the Law Center is supporting their efforts by adding a new perspective to the legal arguments supporting the cross─the importance of the cross to the surviving family members.
Robert Muise, the Thomas More Law Center attorney who authored the brief, is a former Marine Major himself. Said Muise, “Our brief demonstrates that tearing down the memorial cross will cause real, irreparable harm to these grieving families, as compared with the contrived ‘harm’ the ACLU will ‘feel’ because the memorial cross remains. Indeed, it is the ACLU in this case who is creating the sort of religiously-based divisiveness that our Constitution was designed to prohibit.”
The Mt. Soledad Cross is the centerpiece of this world class veterans’ memorial. Over 2,000 plaques honoring individuals or groups of veterans are displayed at the memorial. Some of the plaques contain Stars of David, honoring Jewish veterans. There is also a large American flag flying at the base of the memorial. In a letter to the private association that maintains the memorial, President Bush stated, “Mount Soledad becomes a place to reflect on our past, be inspired by true patriots, and offer war veterans our heartfelt gratitude for the freedom we all enjoy today.” (Click here to read this letter from President Bush.)
The Thomas More Law Center defends and promotes the religious freedom of Christians, time-honored family values, and the sanctity of human life through education, litigation, and related activities. It does not charge for its services. The Law Center is supported by contributions from individuals, corporations and foundations, and is recognized by the IRS as a section 501(c)(3) organization. You may reach the Thomas More Law Center at (734) 827-2001 or visit our website at www.thomasmore.org.