The battle over the Mojave Memorial Cross saw the inside of the Supreme Court this week, as the Justices began to ponder the Constitutionality of a cross residing on public lands.

Congress at one point tried to transfer the land around the cross to veteran’s groups in order to eliminate and Establishment Clause violations, but that attempt was blocked.  At this point it seems that the Supreme Court mayrule on the transfer of the lands to a private group rather than the Constitutionality of the cross itself, rather than setting a precedent that might affect other such lands (Arlington National Cemetery being the most obvious).

Justice Anthony Scalia was particularly fired up, noting, “I don’t think you can leap from that to the conclusion that the only war dead that that cross honors are the Christian war dead. I think that’s an outrageous conclusion.”

The folks at Liberty Legal who started the donttearmedown.com site (and shop) were encouraged by a Barna poll, which concludes that 92% of Americans feel the cross should stay.

It is worth noting that the cross, which is indeed a Christian symbol, is actually an ancient symbol used by many people and religions.  Justice Scalia pointed out that the cross is meant to honor all war dead – not just the Christian ones.  But, as ACLU counsel Peter Eliasberg pointed out, “I have been in Jewish cemeteries. There is never a cross on a tombstone of a Jew.”

The ruling for case 08-472 isn’t expected until early next year.  In the meantime, the cross stays (boarded up).