Written by Don Byrd
The City of Lake Elsinore, California commissioned a monument to be placed outside its baseball stadium. The plan for the work depicted a soldier kneeling next to a cross. After questions that this might raise church-state concerns, the Council refused to remove the cross element and instead decided to add a Star of David, hoping to lessen the appearance of religious endorsement. It didn’t work, at least not in the eyes of the federal district court.
Yesterday, a federal judge halted the installation of the monument pending the outcome of the lawsuit, finding a likelihood of success in the plaintiff’s case.
First, the judge argued, despite the City’s claim that the monument is a war memorial and not a religious monument, the statements of the Council and members of the public in planning and adopting the monument reveal that the purpose was religious and not secular.
Second, the physical setting of the monument and placement of the religious symbols likewise supports the conclusion that the monument sends a religious message, likely in violation of the separation of church and state.
You can read the 49-page opinion here, via Religion Clause. Coverage in the Press-Enterprise is here.
