Salazar v. Buono

Last updated
Salazar v. Buono
Seal of the United States Supreme Court.svg
Argued October 7, 2009
Decided April 28, 2010
Full case name Ken L. Salazar, Secretary of the Interior, et al., Petitioners v. Frank Buono
Docket no. 08-472
Citations559 U.S. 700 ( more )
130 S. Ct. 1803; 176 L. Ed. 2d 634
Case history
PriorPermanent injunction granted, Buono v. Norton, 212 F. Supp. 2d 1202 (C.D. Cal. 2002); affirmed, 371 F.3d 543 (9th Cir. 2004); permanent injunction granted prohibiting land swap, 364 F. Supp. 2d 1175 (C.D. Cal. 2005); affirmed sub. nom., Buono v. Kempthorne, 502 F.3d 1069 (9th Cir. 2007); rehearing en banc denied, 527 F.3d 758 (9th Cir. 2008); cert. granted, 555 U.S. 1169(2009).
Questions presented
Whether an individual has Article III standing to bring an Establishment Clause suit challenging the display of a religious symbol on government land and if an Act of Congress directing the land be transferred to a private entity is a permissible accommodation.
Court membership
Chief Justice
John Roberts
Associate Justices
John P. Stevens  · Antonin Scalia
Anthony Kennedy  · Clarence Thomas
Ruth Bader Ginsburg  · Stephen Breyer
Samuel Alito  · Sonia Sotomayor
Case opinions
PluralityKennedy, joined by Roberts; Alito (in part)
ConcurrenceRoberts
ConcurrenceAlito (in part)
ConcurrenceScalia (in judgment), joined by Thomas
DissentStevens, joined by Ginsburg, Sotomayor
DissentBreyer
Laws applied
U.S. Const. amend. I

Salazar v. Buono, 559 U.S. 700 (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 Veterans of Foreign Wars 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. [1]

Contents

Background

The cross

Currently, there is a cross atop Sunrise Rock that is between 5 and 8 feet (1.5 and 2.4 m) tall and is constructed out of 4-inch-diameter (100 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 Wars 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.

Action by the National Park Service and Congress

In 1999, NPS received a request from an individual seeking to build a stupa (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) [2] 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. [3]

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. [4] In July 2002, the court entered a permanent injunction 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.” [5]

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.” [6]

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 (2.0 ha) of land. [7] 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.

Ninth Circuit Court of Appeals decisions

In June 2004, the Court of Appeals for the Ninth Circuit affirmed the district court's permanent injunction, holding that the presence of the cross in the Preserve violates the Establishment Clause. [8] Despite the injunction against display of the cross in the Preserve, the government began moving forward with the mechanics of the land exchange under § 8121. Buono moved to enforce the district court's prior injunction, or modify it to prohibit the land exchange as a violation of the Establishment Clause. In April 2005, the district court granted Buono's motion to enforce the injunction, and denied as moot the request to amend the permanent injunction. [9] According to the district court, “the transfer of the Preserve land containing the Latin Cross which as [a] sectarian war memorial carries an inherently religious message and creates an appearance of honoring only those servicemen of that particular religion is an attempt by the government to evade the permanent injunction enjoining the display of the Latin Cross atop Sunrise Rock.” [10] The district court deemed the exchange “invalid” and permanently enjoined the government “from implementing the provisions of Section 8121 of Public Law 108-87” and ordered the government “to comply forthwith with the judgment and permanent injunction entered by th[e] court on July 24, 2002.” [10] The Ninth Circuit Court of Appeals affirmed. [11] The United States Supreme Court then granted the government's petition for a writ of certiorari.

United States Supreme Court ruling

On April 28, 2010, the United States Supreme Court ruled 5-4 that the cross may stay but also sent the case back to a lower court. [1] Writing for the plurality of the court, Justice Anthony Kennedy wrote, "The goal of avoiding governmental endorsement [of religion] does not require eradication of all religious symbols in the public realm". [12]

Aftermath

Only eleven days after the Supreme Court decision, the cross was stolen during the overnight of May 9–10, 2010; its theft is believed [ by whom? ] to be related to those who opposed the cross, but no arrests have been made to date (as the cross was filled with concrete, it would have been worthless for resale). [13] [14] National Park Service spokeswoman Linda Slater said a $25,000 reward has been offered for information leading to the arrest and conviction of the thieves; the reward was later increased to $100,000. The VFW promised that the memorial will be rebuilt. "This was a legal fight that a vandal just made personal to 50 million veterans, military personnel and their families," National Commander Thomas J. Tradewell said. [15] On May 20, a replica cross was discovered to have been erected in place of the original. Park officials said it was erected overnight, but because of the court ruling park employees would have to remove the replica. [16] Another lawsuit was filed to expedite the land transfer.

In April 2012, a land exchange to remove Sunrise Rock from the Mojave National Preserve was approved by the U.S. District Court for the Central District of California. [17]

See also

Related Research Articles

<span class="mw-page-title-main">Mojave National Preserve</span> Protected wilderness area in California, United States

Mojave National Preserve is a United States National Preserve located in the Mojave Desert of San Bernardino County, California, US, between Interstate 15 and Interstate 40. The preserve was established October 31, 1994, with the enactment of the California Desert Protection Act by the United States Congress, which also established Joshua Tree National Park and Death Valley National Park as National Parks. Previously, some lands contained within the Preserve were the East Mojave National Scenic Area, under the jurisdiction of the Bureau of Land Management. At 1,542,776 acres (6,243 km2), within the contiguous United States it is the third largest unit of the National Park System and the first largest National Preserve. The preserve was created within the Pacific West Region of the National Park Service and remains within that jurisdiction today.

Near v. Minnesota, 283 U.S. 697 (1931), was a landmark decision of the US Supreme Court under which prior restraint on publication was found to violate freedom of the press as protected under the First Amendment. This principle was applied to free speech generally in subsequent jurisprudence. The Court ruled that a Minnesota law that targeted publishers of "malicious" or "scandalous" newspapers violated the First Amendment to the United States Constitution. Legal scholar and columnist Anthony Lewis called Near the Court's "first great press case".

<span class="mw-page-title-main">Skinner Butte</span>

Skinner Butte is a prominent hill on the north edge of downtown Eugene, Oregon, near the Willamette River. A local landmark, it honors city founder Eugene Skinner and is the site of the municipal Skinner Butte Park. During the early 1920s, the city's Ku Klux Klan members etched the letters "KKK" into the side of the butte and installed a cross near the top. Local Klan members were said to have burned the cross during meetings. The letters were removed and replaced with the letter "O" in the late 1920s. The cross was replaced several times since the Klan first erected it. However, the cross wasn't permanently removed until 1997. Eugene grew to be a recognized national stronghold for the KKK through the 1950s.

<span class="mw-page-title-main">Mount Davidson (California)</span>

Mount Davidson is the highest natural point in San Francisco, California, with an elevation of 928 feet (283 m). It is located near the geographical center of the city, south of Twin Peaks and Portola Drive and to the west of Diamond Heights and Glen Park. It dominates the southeastern view from most of Portola Drive. It is one of San Francisco's many hills and one of its original "Seven Hills".

<i>Glassroth v. Moore</i>

Glassroth v. Moore, 335 F.3d 1282, and its companion case Maddox and Howard v. Moore, 229 F. Supp. 2d 1290, is a decision from the United States Court of Appeals for the Eleventh Circuit that held a 2+12 ton granite monument of the Ten Commandments placed in the rotunda of the Heflin-Torbert Judicial Building in Montgomery, Alabama by then-Alabama Supreme Court Chief Justice Roy Moore was a violation of the Establishment Clause of the First Amendment.

County of Allegheny v. American Civil Liberties Union, 492 U.S. 573 (1989), was a United States Supreme Court case in which the Court considered the constitutionality of two recurring Christmas and Hanukkah holiday displays located on public property in downtown Pittsburgh. The first, a nativity scene (crèche), was placed on the grand staircase of the Allegheny County Courthouse. The second of the holiday display in question was an 18-foot (5.5 m) public Hanukkah menorah, which was placed just outside the City-County Building next to the city's 45-foot (14 m) decorated Christmas tree and a sign saluting liberty. The legality of the Christmas tree display was not considered in this case.

Public Employees for Environmental Responsibility (PEER) is a 501(c)(3) non-profit, environmental protection organization of local, state, and national government natural resource and environmental professionals. PEER serves as a resource to potential government whistleblowers, allowing them to anonymously expose environmental wrongdoings and assisting them in redressing agency retaliation.

Sáenz v. Roe, 526 U.S. 489 (1999), was a landmark case in which the Supreme Court of the United States discussed whether there is a constitutional right to travel from one state to another. The case was a reaffirmation of the principle that citizens select states and not the other way round.

<span class="mw-page-title-main">Mount Soledad Cross</span> Landmark in La Jolla, San Diego, California, U.S.

The Mount Soledad Cross is a prominent landmark located on top of Mount Soledad in the La Jolla neighborhood of the city of San Diego, California. The present structure was erected in 1954; it is the third Christian cross in that location, the first having been put up in 1913. Architect Donald Campbell designed the present cross in prestressed concrete. It is 29 feet (8.8 m) tall with a 12-foot (3.7 m) arm spread. It is the centerpiece of the Mt. Soledad National Veterans Memorial.

<span class="mw-page-title-main">Mount Rubidoux</span> Mountain in Riverside, California, United States

Mount Rubidoux is a mountain just west of downtown in the city of Riverside, California, United States, that has been designated a city park and landmark. The mountain was once a popular Southern California tourist destination and is still the site of the oldest outdoor non-denominational Easter Sunrise service in the United States. Many historic markers and memorials have been placed on the mountain, the most prominent being the cross at the summit dedicated to Father Junípero Serra. A majority of Mt. Rubidoux is owned by the City of Riverside, while 0.43 acres at the peak is owned by Rivers & Lands Conservancy after the cross attracted a potential lawsuit and the city decided to sell it at auction it to a private organization.

<span class="mw-page-title-main">Jewish War Veterans of the United States of America</span>

The Jewish War Veterans of the United States of America is an American Jewish veterans' organization created in 1896 by American Civil War veterans to raise awareness of contributions made by Jewish servicemembers. It has an estimated 15,000 members, ranging from World War II to current conflicts and active duty personnel. It is the oldest active national veterans' service organization in America.

<span class="mw-page-title-main">Mojave Memorial Cross</span> War memorial in the Mojave Desert, California

The Mojave Memorial Cross, officially known as the White Cross World War I Memorial, is a cross formerly on public land in the Mojave desert in San Bernardino County, California 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.

Presbyterian Church v. Hull Church, 393 U.S. 440 (1969), was a United States Supreme Court case involving the secession of two local churches, including Hull Memorial Presbyterian Church, from the parent body Presbyterian Church in the United States because, they claimed, the Church had departed from its original doctrinal tenets. The Court ruled that the state could not pass judgment concerning religious doctrine or church law.

Lyng v. Northwest Indian Cemetery Protective Association, 485 U.S. 439 (1988), was a United States Supreme Court landmark case in which the Court ruled on the applicability of the Free Exercise Clause to the practice of religion on Native American sacred lands, specifically in the Chimney Rock area of the Six Rivers National Forest in California. This area, also known as the High Country, was used by the Yurok, Karuk, and Tolowa tribes as a religious site.

Monsanto Co. v. Geertson Seed Farms, 561 U.S. 139 (2010), is a United States Supreme Court case decided 7-1 in favor of Monsanto. The decision allowed Monsanto to sell genetically modified alfalfa seeds to farmers, and allowed farmers to plant them, grow crops, harvest them, and sell the crop into the food supply. The case came about because the use of the seeds was approved by regulatory authorities; the approval was challenged in district court by Geertson Seed Farms and other groups who were concerned that the genetically modified alfalfa would spread too easily, and the challengers won. Monsanto appealed the district court decision and lost, and appealed again to the Supreme Court, where Monsanto won, thus upholding the original approval and allowing the seeds to be sold.

<span class="mw-page-title-main">Peace Cross</span> War memorial in Bladensburg, Maryland, United States

The Peace Cross is a World War I memorial located in Bladensburg, Maryland. Standing 40 feet (12 m) in height, the large cross, is made of tan concrete with exposed pink granite aggregate; the arms of the cross are supported by unadorned concrete arches. Erected by 1925 in the memory of 49 local servicemen from Prince George's County who died during World War I, the base of the cross displays the words "valor," "endurance," "courage," and "devotion" as well as a bronze tablet listing the names of those lost in combat.

<span class="mw-page-title-main">Legal challenges to the Trump travel ban</span> Legal disputes

Executive Order 13769 was signed by U.S. President Donald Trump on January 27, 2017, and quickly became the subject of legal challenges in the federal courts of the United States. The order sought to restrict travel from seven Muslim majority countries: Iran, Iraq, Libya, Somalia, Sudan, Syria, and Yemen. The plaintiffs challenging the order argued that it contravened the United States Constitution, federal statutes, or both. On March 16, 2017, Executive Order 13769 was superseded by Executive Order 13780, which took legal objections into account and removed Iraq from affected countries. Then on September 24, 2017, Executive Order 13780 was superseded by Presidential Proclamation 9645 which is aimed at more permanently establishing travel restrictions on those countries except Sudan, while adding North Korea and Venezuela which had not previously been included.

<span class="mw-page-title-main">Executive Order 13780</span> 2017 executive order by U.S. President Trump placing travel restrictions on several countries

Executive Order 13780, titled Protecting the Nation from Foreign Terrorist Entry into the United States, was an executive order signed by United States President Donald Trump on March 6, 2017. It placed a 90-day restriction on entry to the U.S. by nationals of Iran, Libya, Somalia, Sudan, Syria and Yemen, and barred entry for all refugees who did not possess either a visa or valid travel documents for 120 days. This executive order—sometimes called "Travel Ban 2.0"—revoked and replaced Executive Order 13769 issued on January 27, 2017.

<span class="mw-page-title-main">Serra Cross</span>

The Serra Cross, sometimes also known as the Cross on the Hill or the Grant Park Cross, is a Christian cross on a hill known as "La Loma de la Cruz" in Ventura, California. The site is in Serra Cross Park, a one-acre parcel within the larger Grant Park that overlooks downtown Ventura, the Santa Barbara Channel, and Anacapa and Santa Cruz Islands.

American Legion v. American Humanist Association, 588 U.S. ___ (2019), was a United States Supreme Court case dealing with the separation of church and state related to maintaining the Peace Cross, a World War I memorial shaped after a Latin cross, on government-owned land, though initially built in 1925 with private funds on private lands. The case was a consolidation of two petitions to the court, that of The American Legion who built the cross, and of the Maryland-National Capital Park and Planning Commission who own the land and maintain the memorial. Both petitions challenged the Fourth Circuit's ruling that, regardless of the secular purpose the cross was built for in honoring the deceased soldiers, the cross emboldened a religious symbol and had ordered it altered or razed. The Supreme Court reversed the Fourth Circuit's ruling in a 7–2 decision, determining that since the Cross had stood for decades without controversy, it did not violate the Establishment Clause and could remain standing.

References

  1. 1 2 High court says Mojave cross in Calif. can stay, Washington Post, 2010-4-28.
  2. The regulation provides that: “The installation of a monument, memorial, tablet, structure, or other commemorative installation in a park area without the authorization of the Director is prohibited.” 36 C.F.R. § 2.62(a).
  3. Pub. L. No. 106-554 § 133, 114 Stat. 2763A-230 (2000)
  4. Buono v. Norton, 212F. Supp. 2d1202 , 1215-17(C.D. Cal.2002).
  5. Pub.L. No. 107-117 § 8137, 115 Stat. 2278-79 (2002), codified at 16 U.S.C. § 410aaa-56 (note)
  6. Pub. L. No. 107-248 § 8065(b), 116 Stat.1551 (2002)
  7. Pub. L. No. 108-87 § 8121(a)-(f), 117 Stat. 1100 (2003), codified at 16 U.S.C. § 410aaa-56 (note)
  8. Buono v. Norton, 371F.3d543 (9th Cir.2004).
  9. Buono v. Norton, 364 F. Supp. 2d 1175, 1177, 1182 & n.8 (C.D. Cal. 2005).
  10. 1 2 Buono, 364 F. Supp. 2d at 1182 (citation and quotation marks omitted).
  11. Buono v. Kempthorne, 502F.3d1069 (9th Cir.2007).
  12. "Supreme Court Keeps Mojave Cross Case Alive". ABC News . Archived from the original on 2022-08-18.
  13. Caretakers of Stolen Mojave Desert Cross Vow to Replace It
  14. Vandals tear down cross that justices would not
  15. "Disputed Mojave cross honoring US war dead stolen - Yahoo! News". news.yahoo.com. Archived from the original on 2010-05-14.
  16. Bill Mears (2010-05-20). "Replica of missing Mojave cross mysteriously erected". CNN . Retrieved 2022-06-10.
  17. Curwen, Thomas (2012-04-25). "Ruling will allow Mojave Desert outcropping to again feature a cross". Los Angeles Times .