July 28, 2006
Dear Mr. Rodriguez:
Through a news report, we have learned that St. Bernard Parish is planning to erect an illuminated, stainless steel crucifix bearing the face of Jesus on the Mississippi River-Gulf Outlet. The Mississippi River-Gulf Outlet is government property, and as such, the government- sponsored erection of the crucifix would be a violation of the Establishment Clause of the First Amendment to the United States Constitution. See Buono v. Norton, 371 F.3d 543 (9th Cir. 2004); Paulson v. City of San Diego, 294 F.3d 1124, 1126 (9th Cir. 2002); Separation of Church & State Comm. v. City of Eugene, 93 F.3d 617 (9th Cir. 1996); Gonzales v. North Twp. of Lake County, Ind., 4 F.3d 1412 (7th Cir. 1993); ACLU of Ill. v. City of St. Charles, 794 F.2d 265, 271 (7th Cir. 1986); Jewish War Veterans v. United States, 695 F. Supp. 3 (D.D.C. 1988).
We deeply appreciate the desire to honor those from St. Bernard Parish whose lives were lost in the disastrous flooding last year. Indeed, we sympathize with your sentiment, and understand the political significance of the Mississippi River-Gulf Outlet placement. We write in hopes that we can persuade you to honor your oath of office to uphold the Constitution and the law of the land by changing your plans, which may save St. Bernard Parish money, time and energy needed for rebuilding. We would suggest that one of two changes be made: either that a different religiously neutral monument be erected at the MR-GO or, in the alternative, that the cross presently planned be moved to private property, where there will be no Establishment Clause concern.
As we hope you are aware, the ACLU is the nation's foremost defender of individual religious liberty as embodied in the First Amendment to the Constitution. We consistently represent persons whose right to practice his or her religion is being infringed upon. We want to make clear that we are not opposed to religious expression; indeed, we have defended it time and time again. Rather, the proposed memorial is problematic because a religious item is being erected on government property, which should not be used to advance or inhibit religion.
Again, we fully support St. Bernard Parish in remembering those lost during Hurricane Katrina, and in working to rebuild following the storm. We just ask that, as you do so, you also protect everyone's right to religious liberty. We are hopeful that we can reach a mutually agreeable resolution to this problem, and are willing to sit down and talk with you about our concerns, if you would like. Please contact us after you have had time to review this letter; we will contact you in about a week.
Sincerely,
Joe Cook
Executive Director