Congressional Digest

Supreme Court Debates December 2009 No. 9 Vol. 12
Ninth Circuit U.S. Court of Appeals’ Holding

Religious Displays in a National Preserve

The Establishment Clause and the Sunrise Rock Cross

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Ninth Circuit U.S. Court of Appeals’ Holding

The Federal Government Must Remove the Cross From Sunrise Rock

A Latin cross sits atop a prominent rock outcropping known as “Sunrise Rock” in the Mojave National Preserve (“preserve”). Our court previously held that the presence of the cross in the preserve — which consists of more than 90 percent federally owned land, including the land where the cross is situated — violates the Establishment Clause of the United States Constitution. We affirmed the district court’s judgment, permanently enjoining the government “from permitting the display of the Latin cross in the area of Sunrise Rock in the Mojave National Preserve.” During the pendency of the first appeal, Congress enacted a…

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