Salazar v. Buono
What's at Stake
Whether a congressional statute transferring a small parcel of land in the Mojave Desert National Preserve to private owners satisfies the government's obligation to cure the Establishment Clause violation created by a Latin cross on public land, when the government also designates the cross as a national memorial and retains a reversionary interest in the land.
Summary
After a federal court in California declared that a Latin cross on public land in the Mojave Desert National Preserve violated the Establishment Clause, and ordered the government to remove it, Congress transferred the small parcel of land underneath the cross to a private owner who promised to maintain the cross at its present location. In addition, Congress designated the cross as a national memorial and retained a reversionary interest in the land. The lower courts found that this congressional action was insufficient to cure the Establishment Clause violation. The ACLU represents a former Park Service Employee who still visits the Preserve on a regular basis.
Legal Documents
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08/03/2009
Salazar v. Buono - Retired Military Officers Amicus Brief
Date Filed: 08/03/2009
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08/03/2009
Salazar v. Buono - American Muslim Armed Forces and Veterans Affairs Council and The Muslim American Veterans Association Amicus Brief
Date Filed: 08/03/2009
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08/03/2009
Salazar v. Buono - Jewish War Veterans of the United States of America Amicus Brief
Date Filed: 08/03/2009
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07/01/2009
Salazar v. Buono - Respondent's Brief
Press Releases
After Supreme Court Decision, ACLU Will Continue To Argue That Mojave Cross Land Transfer To Veterans Group Does Not Remedy Establishment Clause Violation
Supreme Court Sends Mojave Desert Cross Case Back To Lower Court
ACLU of Southern California Responds to Misleading Statements about Salazar v. Buono (aclu-sc.org)
Supreme Court Hears ACLU Case Involving Latin Cross War Memorial In Mojave Desert