Kurt Repanshek reports on the
National Parks Traveler site that “a federal judge has ruled that a cross can no longer stand atop Sunrise Rock” in Mojave National Preserve in California (
click here for his posting). According to a news item in the
San Bernardino Sun, a former National Park Service assistant superintendent at the preserve filed the lawsuit with the help of the American Civil Liberties Union to have the cross removed (
click here for the article).
As expected, numerous
National Parks Traveler commentators have posted their thoughts, many of them not very thoughtful, about this story. Interestingly, no one seems to have read the court’s ruling (
click here for the opinion). In fact, a quick reading of the opinion reveals that no one in the court case disputes whether the Christian cross is allowable on federal land; parties on both sides readily agree that it is a clear violation of the U. S. Constitution.
But the conflict began when an individual requested permission to build a Buddhist stupa, a dome-shaped shrine, near the cross. The National Park Service denied the request, adding 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.” Apparently no one on either side of the lawsuit disagreed with the government’s acknowledgement that a Christian cross on federal land is a problem (and clearly a violation of the U.S. Constitution) precisely because allowing one religious symbol means allowing any and all; they cannot allow the cross and deny the Buddhist stupa.
The dispute, however, is about whether the U. S. Congress can allow the cross to stay by legislating, in the words of the Appeals Court’s opinion, “that the land on which the cross is situated be transferred to a private organization in exchange for a parcel of privately-owned land located elsewhere in the Preserve,” in effect enacting a land exchange that “would leave a little donut hole of land with a cross in the midst of a vast federal preserve.” A lower court said no, they cannot, and in the current ruling the three-judge federal appeals court affirms the lower court’s decision.
The responses of commentators on the
National Parks Traveler site (virtually all uninformed, including my own initial comments) raise some very good issues, which the courts have considered in various ways but certainly have not resolved entirely. The commentators, however, ignore
a more crucial issue that this case raises regarding privatization of park lands. Are we to allow private special interest groups to cut out donut-hole zones in the parks to avoid federal regulation? What if a concessioner wished to build an amusement park in the Yosemite Valley? Would it be acceptable for Congress to allow it just by trading a few acres of the Valley for some additional land elsewhere?
The federal judges have said no, and anyone who values our parks and opposes the growing tide of privatization should applaud this ruling. * * * * * *