Politics & Government

Lawyer Argues Lake Elsinore's Proposed Veterans Monument Is Not Religious

The case is headed to trial, with a pre-trial conference set for Sept. 16 and a trial date scheduled Oct. 1.

Despite a Christian cross and Star of David, a lawyer representing the City of Lake Elsinore argues those symbols proposed for a veterans monument in Lake Elsinore are not religious when taken altogether.

Instead, he says, they are an accurate depiction of a “World War II foreign cemetery.”

“It has a clear secular purpose,” said Brad Dacus, president of Sacramento-based Pacific Justice Institute, the firm representing the city pro-bono in a case that may capture attention from legal scholars.

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Dacus’s comments follow two decisions by a U.S. District Judge Stephen Wilson. On July 16, he granted a preliminary injunction sought by two Lake Elsinore residents represented by the American Humanist Association. The residents, identified by The Press-Enterprise as John Larsen and Diana Hansen, have challenged the proposed $50,000 granite monument that the city has intended to place at the entrance to The Diamond Stadium.

The yet-to-be-installed monument depicts a soldier kneeling in front of a Christian cross and the Star of David. (See attached artist's rendering.)

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Following the judge’s decision, he again confirmed it when the city challenged the ruling, according to The Press-Enterprise.

Now the case is headed to trial, with a pre-trial conference set for Sept. 16 and a trial date scheduled Oct. 1, confirmed Lake Elsinore management analyst Nicole Dailey.

To date, there is no indication the city will back down, and Dacus said he believes his client will prevail.

“It’s often unpredictable what will happen at the lower-court level,” he argued.

According to a written ruling by Wilson, the monument is an unconstitutional display by the municipality because it sends an "unmistakably religious message" that city leaders overtly support.

Wilson conceded the U.S. Supreme Court has made allowances for publicly financed religious displays in "borderline" instances of religious endorsement, but the cases were usually settled by the obvious presence of sectarian symbols that provided some balance.

As the case moves forward this fall, Dacus said, “The court will look and assess as to whether [the monument] has a valid and secular purpose and effect.”

If the court doesn’t rule in favor of Lake Elsinore, Dacus said that would send a negative message about what he termed is the monument’s “accurate historical depiction.” Finding that such depictions could be considered unconstitutional is “most disturbing,” he added.

William Burgess, an attorney with AHA’s Appignani Humanist Legal Center, disagrees the argument is about history.

“The city has clearly violated the First Amendment by unnecessarily choosing a divisively religious means of honoring our veterans," he said. "In addition, the California constitution prohibits any governmental funding whatsoever for religious purposes, including religious monuments.” 

In November 2012, the Lake Elsinore City Council voted 5-0 to approve the monument and with the controversial depiction. 


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