Salazar v. Buono
Encyclopedia
Salazar v. Buono, 559 U.S. ___ (2010) was a decision by the Supreme Court of the United States
regarding the establishment clause of the First Amendment to the United States Constitution
. The case concerned the legality of the Mojave Memorial Cross
, a Latin cross which was placed atop a prominent rock outcropping, by the VFW foundation, in 1934 to honor war dead. The location is known as “Sunrise Rock” in the Mojave National Preserve
in San Bernardino County in southeastern California
. The Supreme Court ruled that the cross may stay, but also sent the case back to a lower court, making the issue currently unresolved.
as a memorial to veterans who died in World War I
. Photographs depict the wooden cross and signs near it stating: “The Cross, Erected in Memory of the Dead of All Wars,” and “Erected 1934 by Members of Veterans of Foreign Wars, Joshua Tree
post 2884.” The wooden signs are no longer present, and the original wooden cross, which is no longer standing, has been replaced by private parties several times since 1934. The cross has been an intermittent gathering place for Easter
religious services since as early as 1935, and regularly since 1984. The current version of the cross was built by Henry Sandoz, a local resident, sometime in 1998. When the National Park Service
(NPS) investigated the history of the cross, Sandoz explained that he drilled holes into Sunrise Rock to bolt the cross in place, making it difficult to remove. Sandoz did not receive a permit from NPS to construct the cross. No sign indicates that the cross was or is intended to act as a memorial for war veterans.
(a dome-shaped Buddhist shrine) on a rock outcropping at a trailhead located near the cross. NPS denied that request, citing 36 C.F.R. § 2.62(a) as prohibiting the installation of a memorial without authorization. A handwritten note on the denial letter warned that “[a]ny attempt to erect a stupa will be in violation of Federal Law and subject you to citation and/or arrest.” The letter also indicates that “[c]urrently there is a cross on [a] rock outcrop located on National Park Service lands. . . . It is our intention to have the cross removed.”
In 1999, NPS undertook a study of the history of the cross. NPS determined that neither the cross nor the property on which it is situated qualifies for inclusion in the National Register of Historic Places
. Specifically, NPS recognized that the cross itself “has been replaced many times and the plaque that once accompanied it (even though it is not known if it is original) has been removed.” Also, the property does not qualify as an historical site because, among other things, “the site is used for religious purposes as well as commemoration.” Following the announcement by NPS of its intention to remove the cross, the United States Congress
passed a series of laws to preserve the Sunrise Rock cross. The first piece of legislation, enacted in December 2000, provided that no government funds could be used to remove the cross.
ordering that the “Defendants, their employees, agents, and those in active concert with Defendants, are hereby permanently restrained and enjoined from permitting display of the Latin cross in the area of Sunrise Rock in the Mojave National Preserve.”
In October 2002, less than three months after the district court’s injunction, in legislation aimed at the Sunrise Rock cross, Congress passed a defense appropriations bill that included a provision barring the use of federal funds “to dismantle national memorials commemorating United States participation in World War I.”
In September 2003 Congress enacted another defense appropriations bill that included a land exchange agreement regarding the Sunrise Rock cross in which an acre of land containing the cross was conveyed to the Veterans Home of California— Barstow, Veterans of Foreign Wars Post #385E in consideration for 5 acres (2 ha) of land. The government retained a reversionary interest
in the property subject to a condition that the recipient maintain the conveyed property as a memorial commemorating United States participation in World War I and honoring the American veterans of that war.
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
regarding the establishment clause of the First Amendment to the United States Constitution
First Amendment to the United States Constitution
The First Amendment to the United States Constitution is part of the Bill of Rights. The amendment prohibits the making of any law respecting an establishment of religion, impeding the free exercise of religion, abridging the freedom of speech, infringing on the freedom of the press, interfering...
. The case concerned the legality of the Mojave Memorial Cross
Mojave Memorial Cross
The Mojave Memorial Cross is a cross formerly on public land in the Mojave desert that was at the center of the Salazar v. Buono legal case before the U.S. Supreme Court. The original cross was erected in 1934 to honor those killed in war. The cross has been maintained by volunteers and was...
, a Latin cross which was placed atop a prominent rock outcropping, by the VFW foundation, in 1934 to honor war dead. The location is known as “Sunrise Rock” in the Mojave National Preserve
Mojave National Preserve
Mojave National Preserve is located in the Mojave Desert of San Bernardino County, California, USA, between Interstate 15 and Interstate 40. The preserve was established October 31, 1994 with the passage of the California Desert Protection Act by the US Congress...
in San Bernardino County in southeastern California
California
California is a state located on the West Coast of the United States. It is by far the most populous U.S. state, and the third-largest by land area...
. The Supreme Court ruled that the cross may stay, but also sent the case back to a lower court, making the issue currently unresolved.
The cross
Currently, there is a cross atop Sunrise Rock that is between 5 and 8 ft (1.5 and 2.4 ) tall and is constructed out of 4 inches (101.6 mm) metal pipes painted white. Historical records reflect that a wooden cross was built on that location as early as 1934 by the Veterans of Foreign WarsVeterans of Foreign Wars
The Veterans of Foreign Wars of the United States is a congressionally chartered war veterans organization in the United States. Headquartered in Kansas City, Missouri, VFW currently has 1.5 million members belonging to 7,644 posts, and is the largest American organization of combat...
as a memorial to veterans who died in World War I
World War I
World War I , which was predominantly called the World War or the Great War from its occurrence until 1939, and the First World War or World War I thereafter, was a major war centred in Europe that began on 28 July 1914 and lasted until 11 November 1918...
. Photographs depict the wooden cross and signs near it stating: “The Cross, Erected in Memory of the Dead of All Wars,” and “Erected 1934 by Members of Veterans of Foreign Wars, Joshua Tree
Joshua tree
Yucca brevifolia is a plant species belonging to the genus Yucca. It is tree-like in habit, which is reflected in its common names: Joshua tree, Yucca palm, Tree yucca, and Palm tree yucca....
post 2884.” The wooden signs are no longer present, and the original wooden cross, which is no longer standing, has been replaced by private parties several times since 1934. The cross has been an intermittent gathering place for Easter
Easter
Easter is the central feast in the Christian liturgical year. According to the Canonical gospels, Jesus rose from the dead on the third day after his crucifixion. His resurrection is celebrated on Easter Day or Easter Sunday...
religious services since as early as 1935, and regularly since 1984. The current version of the cross was built by Henry Sandoz, a local resident, sometime in 1998. When the National Park Service
National Park Service
The National Park Service is the U.S. federal agency that manages all national parks, many national monuments, and other conservation and historical properties with various title designations...
(NPS) investigated the history of the cross, Sandoz explained that he drilled holes into Sunrise Rock to bolt the cross in place, making it difficult to remove. Sandoz did not receive a permit from NPS to construct the cross. No sign indicates that the cross was or is intended to act as a memorial for war veterans.
Action by the National Park Service and Congress
In 1999, NPS received a request from an individual seeking to build a stupaStupa
A stupa is a mound-like structure containing Buddhist relics, typically the remains of Buddha, used by Buddhists as a place of worship....
(a dome-shaped Buddhist shrine) on a rock outcropping at a trailhead located near the cross. NPS denied that request, citing 36 C.F.R. § 2.62(a) as prohibiting the installation of a memorial without authorization. A handwritten note on the denial letter warned that “[a]ny attempt to erect a stupa will be in violation of Federal Law and subject you to citation and/or arrest.” The letter also indicates that “[c]urrently there is a cross on [a] rock outcrop located on National Park Service lands. . . . It is our intention to have the cross removed.”
In 1999, NPS undertook a study of the history of the cross. NPS determined that neither the cross nor the property on which it is situated qualifies for inclusion in the National Register of Historic Places
National Register of Historic Places
The National Register of Historic Places is the United States government's official list of districts, sites, buildings, structures, and objects deemed worthy of preservation...
. Specifically, NPS recognized that the cross itself “has been replaced many times and the plaque that once accompanied it (even though it is not known if it is original) has been removed.” Also, the property does not qualify as an historical site because, among other things, “the site is used for religious purposes as well as commemoration.” Following the announcement by NPS of its intention to remove the cross, the United States Congress
United States Congress
The United States Congress is the bicameral legislature of the federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C....
passed a series of laws to preserve the Sunrise Rock cross. The first piece of legislation, enacted in December 2000, provided that no government funds could be used to remove the cross.
Lawsuit and injunction
Frank Buono, a former NPS employee, filed suit in March 2001 against the Secretary of the Department of the Interior, the Regional Director of NPS, and the Superintendent of the Preserve. The district court concluded that the presence of the cross in the Preserve violates the Establishment Clause. In July 2002, the court entered a permanent injunctionInjunction
An injunction is an equitable remedy in the form of a court order that requires a party to do or refrain from doing certain acts. A party that fails to comply with an injunction faces criminal or civil penalties and may have to pay damages or accept sanctions...
ordering that the “Defendants, their employees, agents, and those in active concert with Defendants, are hereby permanently restrained and enjoined from permitting display of the Latin cross in the area of Sunrise Rock in the Mojave National Preserve.”
Further Congressional action
In January 2002, while this matter was pending in district court, Congress passed a defense appropriations bill, which included a section designating the Sunrise Rock cross as a “national memorial.”In October 2002, less than three months after the district court’s injunction, in legislation aimed at the Sunrise Rock cross, Congress passed a defense appropriations bill that included a provision barring the use of federal funds “to dismantle national memorials commemorating United States participation in World War I.”
In September 2003 Congress enacted another defense appropriations bill that included a land exchange agreement regarding the Sunrise Rock cross in which an acre of land containing the cross was conveyed to the Veterans Home of California— Barstow, Veterans of Foreign Wars Post #385E in consideration for 5 acres (2 ha) of land. The government retained a reversionary interest
Reversion (law)
A reversion is a type of "remainder" interest created when incomplete ownership in property is alienated subject to a condition subsequent. Upon the fulfillment of the condition subsequent, the incomplete possessory rights cease to exist and exclusive ownership returns to the holder of the...
in the property subject to a condition that the recipient maintain the conveyed property as a memorial commemorating United States participation in World War I and honoring the American veterans of that war.