The Times West Virginian

Headline News

November 12, 2012

Nation pays tribute to sacrifices of veterans

Somber traditions among observations in honor of military men and women

(Continued)

LOS ANGELES — oooooo

In California, a war memorial cross that once stood on a rocky hilltop in a national park before being deemed unconstitutional and ordered removed was being resurrected in the stark Mojave desert, marking the end of a longstanding legal dispute that had become entangled in patriotism and religion.

Henry Sandoz, who cared for the original cross as part of a promise to a dying World War I veteran, will rededicate a new, 7-foot steel cross on the same hilltop. The site is now in private hands as part of a land swap with the National Park Service that ended the legal battle.

“Judges and lawyers may have played their roles, but it was the veterans who earned this memorial, and it is for them it rises once more,” said attorney Hiram Sasser of the Texas-based Liberty Institute, which represented veterans in the legal fight.

The settlement approved by a federal judge in April permitted the Park Service to turn over the acre of land known as Sunrise Rock to a Veteran of Foreign Wars post in Barstow and the Veterans Home of California-Barstow in exchange for five acres of donated property elsewhere in the 1.6 million-acre preserve, about a four-hour drive east of Los Angeles.

The donated land was owned by Sandoz and his wife, Wanda, of Yucca Valley.

Sandoz has cared for the memorial as a promise to World War I veteran Riley Bembry, who with other shell-shocked vets went to the desert to help heal and erected a wooden cross on Sunrise Rock in 1934. It was later replaced with a cross made of steel pipes.

Then Sunrise Rock became part of the Mojave National Preserve in 1994, putting the Christian symbol on public land.

The American Civil Liberties Union filed a lawsuit in 2001 on behalf of a retired Park Service employee who argued the cross was unconstitutional on government property because of the separation of church and state, and federal courts ordered it removed.

Congress stepped in and ordered the land swap in 2003, but the courts rejected the transfer. The issue made its way to the U.S. Supreme Court, which in April 2010 refused to order the cross removed.

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