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>> Lisa: I WANT YOU TO TAKE A
LOOK AT THIS WORLD WAR I
MEMORIAL.
IT STANDS 40 FEET TALL AND HAS
BEEN THERE FOR NEARLY 100 YEARS.
NOW, SOME NON-CHRISTIANS ARE UP
IN ARMS OVER ITS SHAPE, AND THEY
WANT IT TAKEN DOWN.
BACK NOW WITH NEW DETAILS AS
FOX NEWS' CHIEF CORRESPONDENT
JONATHAN HUNT.
JONATHAN, WHAT IS GOING ON HERE?
>> GOOD EVENING AGAIN, LISA.
THIS IS A CASE THAT FOCUSES ON
ONE MEMORIAL IN, BUT IT COULD
HAVE FAR-REACHING CONSEQUENCES
IMPACTING MONUMENTS ACROSS THE
NATION, INCLUDING SOME AT
ARLINGTON NATIONAL CEMETERY.
THE MEMORIAL AT THE CENTER OF
THIS CASE IS A CROSS THAT HONORS
WORLD WAR I VETERANS IN
MARYLAND.
ITS CONSTRUCTION WAS STARTED BY
COMMUNITY MEMBERS AND MOTHERS
WHOSE SONS DIED IN WORLD WAR I,
AND IT WAS COMPLETED BY THE
AMERICAN LEGION.
A LOWER COURT RULED THE CROSS
SHOULD BE REMOVED BECAUSE IT
VIOLATES THE ESTABLISHMENT
CLAUSE OF THE CONSTITUTION,
WHICH, OF COURSE, READS
"CONGRESS SHALL MAKE NO LAW
RESPECTING AN ESTABLISHMENT OF
RELIGION OR PROHIBITING THE FREE
EXERCISE THEREOF."
AN AMICUS BRIEF FILED BY 30
STATES SENT TO THE
SUPREME COURT, "SHOULD REVERSE
THE LOWER COURT'S CALL FOR ITS
DESTRUCTION.
AS IT IS PLACED IN OUR NATIONAL
TRADITION AND BROADER CULTURAL
CONTEXT, MAKING CLEAR THE
MEMORIAL HONORS BOTH THE SERVICE
MEMBERS IT WAS BUILT TO HONOR
AND THE CONSTITUTIONAL IDEALS,
INCLUDING IN THE FIRST AMENDMEN
FIRST AMENDMENT, THEY DIED TO
DEFEND.
WEST VIRGINIA'S ATTORNEY
GENERAL, WHO LED TO THE GROUP OF
30 STATES IN CHALLENGING THE
LOWER COURT SAID "WE OWE A GREAT
DEAL OF DATA KNOW MY GRATITUDE
TO THE BRAVE MEN AND WOMEN WHO
SACRIFICED EVERYTHING FOR OUR
COUNTRY.
HONORING THAT SACRIFICE WITH
MEMORIALS THAT INCLUDE RELIGIOUS
SYMBOLS DOES NOT VIOLATE THE
U.S. CONSTITUTION AND IS ONE OF
THE MANY FREEDOMS THESE MEN AND
WOMEN FOUGHT TO PRESERVE."
THE CHALLENGE OF THE CROSS BEGAN
WITH THE AMERICAN HUMANIST
ASSOCIATION, A NONPROFIT ATHEIST
ORGANIZATION THAT HAS, OF
COURSE, LISA, FILED SIMILAR
LAWSUITS ACROSS THE COUNTRY.
LISA?
>> Lisa: THANK YOU, JONATHAN.
JOINING US NOW IS WEST VIRGINIA
ATTORNEY GENERAL PATRICK
MORRISEY.
HE IS LEADING THE 30 STATE
CHARGE TO PROTECT THE MEMORIAL
FOR FRED EDWARDS, FORMER
EXECUTIVE DIRECTOR OF THE
AMERICAN HUMANIST ASSOCIATION
AND A PLAINTIFF IN THE CASE.
FRED, I WANT TO START WITH YOU.
WHY ARE YOU AGAINST A MEMORIAL
THAT HONORS THOSE WHO PAID THE
ULTIMATE SACRIFICE TO PROTECT
FREEDOM LIKE THE FIRST
AMENDMENT?
>> BECAUSE WE WANT TO HONOR THEM
ALL.
THAT IS OUR MAIN THRUST.
WE EVEN HAVE A HASHTAG,
#HonorThemAll.
IT BECAUSE WE FEEL, AND WE
RECOGNIZE, THAT A 40-FOOT TALL
LATIN CROSS ON GOVERNMENT LAND
BROADCAST CLEARLY THAT ONLY
CHRISTIAN SOLDIERS ARE BEING
HONORED.
>> Lisa: FRED, IT IS HONORING
ALL OF THE MEN WHO DIED, LISTED
ON THAT MEMORIAL.
HOW IS IT HONORING THEM TO
REMOVE IT?
THAT DOESN'T MAKE ANY SENSE,
DESPITE YOUR HASHTAG.
>> IN 1985, THE CROSS WAS
DECLARED TO BE IN HONOR OF ALL
VETERANS OF ALL WARS.
ALL VETERANS WERE NOT
CHRISTIANS.
ALL VETERANS INCLUDE MUSLIMS,
HINDUS, BUDDHISTS,, ATHEISTS,
EVERYBODY.
WE WANTED TO HONOR THEM ALL.
THAT IS THE WHOLE POINT OF OUR
CASE.
>> Lisa: BUT IT IS A MEMORIAL
HONORING THEM ALL, THE PEOPLE
WHO PASSED AWAY.
>> NO, IT IS NOT HONORING THEM
ALL.
IT IS A CHRISTIAN CROSS THAT IS
40 FEET HIGH.
ILLUMINATED AT NIGHT, YOU DRIVE
BY IT.
I >> Lisa: I DON'T CARE IF IT
IS 1 FEET HIGH, IS HONORING
PEOPLE WHO LOST THEIR LIVES.
I WANT TO GO TO THE
ATTORNEY GENERAL ON THIS.
A LOWER COURT RULED IN FAVOR OF
FRED AND HIS GROUP, BUT YOU ARE
LEADING THE CHARGE ALONG WITH 30
STATES, FILING AN AMICUS BRIEF
WITH THE SUPREME COURT, ARGUING
AGAINST WHAT THEY ARE TRYING TO
DO HERE.
WHY ARE YOU DOING THAT?
>> A COUPLE OF REASONS.
FIRST OF ALL, THANK YOU FOR
HAVING ME ON.
IT IS A VERY IMPORTANT ISSUE
BECAUSE OF THE SUPREME COURT
DOESN'T REVERSE WHAT JUST
HAPPENED IN THE FOURTH CIRCUIT,
WE COULD BE DEALING WITH A
SITUATION WHERE HUNDREDS OF
MEMORIALS ACROSS THE COUNTRY MAY
BE FORCED TO BE TORN DOWN.
WE THINK, JUST AS YOU INDICATED,
THE PURPOSE OF THIS MEMORIAL IS
TO HONOR THE WAR DEAD.
WE KNOW WHEN THE PEACE CROSS WAS
FIRST PUT TOGETHER, THIS WAS
DONE TO HONOR 49 INDIVIDUALS WHO
FOUGHT IN WORLD WAR I, AND THEY
WERE COMMEMORATED.
ACROSS THE COUNTRY, THERE ARE
MEMORIALS VERY SIMILAR TO THIS.
BUT YOU HAVE TO LOOK AT THE
CONTEXT IN WHICH OF THESE
MEMORIALS ARE SET UP.
PEERED THE
STATES.
INDIVIDUALS HAVE THE RIGHT TO
COMMEMORATE THE DEAD.
THAT IS DIFFERENT.
THAT IS NOT A PURELY RELIGIOUS
PURPOSE, QUITE THE OPPOSITE,
THAT IS A SECULAR PURPOSE.
WE THINK THIS FITS VERY CLEANLY
WITHIN THE ESTABLISHMENT CLAUSE
TO DISPUTE COME WE THINK THE
COURT CAN CLARIFY THIS GOING
FORWARD.
I THINK THE PEACE CROSS WAS DONE
WITH PRIVATE FUNDS, THIS PIECE
CROSS WAS UNCHALLENGED FOR
ALMOST 90 YEARS.
IT HAS BEEN PART OF THE FABRIC,
THE HISTORIC TRADITION WITHIN
THE COMMUNITY.
THERE IS REALLY NO REASON TO
TEAR IT DOWN FROM A LEGAL
PERSPECTIVE.
>> Lisa: FRED, I WANT TO TALK
TO YOU ABOUT THE SLIPPERY SLOPE
PROBLEM THE ATTORNEY GENERAL
JUST ADDRESSED.
AND I WANT TO READ YOU A QUOTE.
WE HAVE THE QUOTE.
THIS GREAT STONE IS BULLDOZED
TO THE GROUND, IT IS ONLY A
MATTER TIME BEFORE THE WRECKING
BALL TURNS ON ARLINGTON NATIONAL
CEMETERY AND HUNDREDS OF OTHER
MEMORIALS LIKE THIS ACROSS THE
COUNTRY."
I WANT TO KNOW WHAT YOU THINK OF
THAT, FRED.
NOT ONLY THAT, YOU LOOK AT
MILITARY AWARDS GIVEN OUT, THE
ARMIES DISTINGUISHED SERVICE
CROSS, THE NAVY CROSS, THE
AIR FORCE CROSS.
ARE THOSE NOT OKAY WITH YOU?
>> NO.
THIS IS NOT A GRAVESTONE.
IT IS A 40-FOOT TALL LATIN CROSS
ON A HIGHWAY MEDIAN.
THERE IS NO DOUBT A HIGHWAY
MEDIAN IS ONE, THE GOVERNMENT
LAND, AND IT TWO, NOT A
CEMETERY.
>> Lisa: DO THEY COERCE YOU TO
CHANGING OUR BELIEF BY CIVILLY
SAYING SOMETHING?
>> IT GIVES THE IMPRESSION THAT
NO JEWS ARE WELCOME, IT PRESENT
AS THOUGH IT IS A CHRISTIAN
ENCLAVE.
WHEN I FIRST SAW THAT CROSS,
WHEN I MOVED OUT HERE IN 2003, I
THOUGHT THAT IS RIDICULOUS.
THAT GIVES THE IMPRESSION RIGHT
OFF -- RIGHT AT THE START.
IT IS UNMISTAKABLE.
WHEN IT IS ILLUMINATED AT NIGHT,
ALL YOU SEE IS THIS CROSS
FLOATING IN THE DARKNESS.
YOU DON'T KNOW WHAT IS SUPPOSED
TO BE A WAR MEMORIAL, YOU CAN'T
TELL.
IN FACT, THE WAR MEMORIAL
ASPECTS OF IT ARE SO SMALL AND
SO MINOR, THEY ARE DWARFED BY
THE SIZE OF THE CROSS.
IN FACT, WHEN I FIRST SAW --
>> Lisa: I WANT TO GET THE
ATTORNEY GENERAL'S RESPONSE TO
THAT.
TO ME, FRED, IT SEEMS LIKE
YOU'RE TRYING TO PLEASE YOU
OPINION ON EVERYONE ELSE IN THE
STATE OF MARYLAND, AS WELL.
ATTORNEY GENERAL, RESPOND.
HOLD ON, FRED, I WANT TO GET THE
ATTORNEY GENERAL BACKING HERE AS
WELL.
>> THIS IS A WAR MEMORIAL, ONE
OF SEVERAL AT THE LOCATION.
THERE IS A MEMORIAL TO OTHER
WARS THAT WERE HELD THROUGHOUT
THE COUNTRY'S HISTORY.
WE KNOW THE INSCRIPTION ON THE
MEMORIAL IS A SECULAR IN NATURE,
TALKING ABOUT VALOR, TALKING
ABOUT HONOR.
YOU CAN ACTUALLY HAVE A MEMORIAL
WHOSE PURPOSE IS MOSTLY SECULAR.
IN FACT, IF YOU GO BACK AND YOU
LOOK AT HOW MANY INDIVIDUALS WHO
CAME BACK FROM WORLD WAR I WERE
HONORED, THEY WERE HONORED BY
CROSSES, POEMS, THEIR STORIES,
TALKING ABOUT THE ROWS OF
CROSSES SET UP.
IT IS MEANT TO HONOR THE DEAD.
YOU CAN REALLY DISTINGUISH THAT.
IT TAKES A STRETCH TO SAY THIS
IS PURELY FOR RELIGIOUS
PURPOSES.
I THINK THE HISTORY BEARS OUT
THAT THIS IS PRIMARILY FOR
SECULAR PURPOSES, AND THAT, ONCE
AGAIN, IF THIS CROSS WERE
ALLOWED TO FALL, YOU COULD SEE
ARLINGTON, SOME OF THE CROSS AS
THEY ARE IN TROUBLE.
IN MY HOME STATE OF
WEST VIRGINIA, WHETHER YOU ARE
IN THE STATE CAPITAL, THERE ARE
NUMBER OF CAPITALS THAT COULD
FALL BECAUSE THIS STARTS TO
STRETCH FIRST AMENDMENT
JURISPRUDENCE, AND NOT THE WAY
THE FOUNDERS INTENDED.
>> THAT IS JUST RIDICULOUS.
WE HAVE WORKED WITH ARLINGTON
NATIONAL CEMETERY TO MAKE SURE
THAT HUMANISTS AND OTHER
NON-CHRISTIANS -- ON THEIR
TOMBSTONES, WE WANT A VARIETY OF
SYMBOLS ON TOMBSTONES BECAUSE WE
WANT TO HONOR THEM ALL.
THOSE WAR MEMORIALS, ACROSS THE
STREET FROM THE BLADENSBURG
CROSS, OR SECULAR IN NATURE, AND
WE DO NOT CHALLENGE THEM.
WE SUPPORT THEM.
WE ONLY CHALLENGE THE ONE THAT
IS A 40-FOOT TALL LATIN CROSS.
>> Lisa: WE GOT TO GET GOING.