War Memorial Protection Act

I thank the gentleman from Ohio for yielding and for his service as a veteran and for what he has done for this country. I also thank the gentleman from the Northern Mariana Islands.

One of the most common ways that this Nation honors its military and war dead is with monuments and memorials. Across the Nation, from Fort Rosecrans National Cemetery in San Diego to Arlington National Cemetery, there are countless markers paying tribute to America's war heroes and the brave men and women who never came home. In many cases, these markers display symbols of religion and personal faith-- representing not just individuals, but the shared commitment and sacrifice of those who serve and those who made the ultimate sacrifice to protect others and us here at home.

I'm reminded of headstones at Arlington National Cemetery or images of Normandy where symbols of personal faith and religion are prominently displayed. And even then, these symbols never overshadow the purpose and message of honoring our military and veterans.

Now this time-honored tradition is under attack. Civil liberty groups have taken offense to the presence of religious symbols on war memorials. They are going after a cross sitting atop a hill at Camp Pendleton in San Diego. It's not an official site sanctioned by the Marine Corps or the Federal Government, and the cross can't even be seen by the public. But groups are pushing the Marine Corps to remove the cross from Camp Pendleton even when the base is contributing much of the manpower to the fight in Afghanistan and more recently Iraq.

The Mt. Soledad Veterans Memorial in San Diego is also a cause for their outrage. The memorial, first erected to honor veterans of the Korean war, displaying a 29-foot concrete cross, is now under the full ownership of the Department of Defense. At the base of the cross are more than 3,000 plaques with images and statements paying tribute to the veterans of all wars and religions. Last year, the runaway Ninth Circuit Court ruled that the memorial is unconstitutional, overturning a lower-court ruling.

The future of the Mt. Soledad Veterans Memorial is uncertain, even though the memorial, for all its years as a fixture of the San Diego community, had one stated purpose: to remember those who have fought and died for this Nation. H.R. 290 ensures Mt. Soledad and any other war memorial will withstand these attacks by allowing the inclusion of all symbols of religion and personal faith on war memorials established and under control of the Federal Government.

For the 131 national cemeteries under the purview of the Department of Veterans Affairs, there are currently 48 emblems, I believe, authorized. There is no preference for one symbol over another--the way that things should be. In the face of persistent legal challenges and the threat of more to come, it's important that we install the right protection for war memorials in Federal law, allowing the spirit and tradition of honoring our Nation's military to continue.

I urge my colleagues to support this legislation.

Mr. Speaker, I am truly honored and proud to be here today as a cosponsor of this bill. This is a bill that will protect and defend religious symbols on war memorials from Washington to San Diego.

I think we need to remember that one thing that was a foundation of this country was religious tolerance. And this bill is addressing the fact that there are those who refuse to express religious tolerance and are actually after any symbol, no matter how traditionally accepted and how universally accepted by the community as a general recognition of service and devotion and memorial, that they would attack it if they could find a religious connotation in any form.

Mind you, our Constitution protects the freedom of religion, not from it. But I think that this issue is one that has gone so far that we're actually talking about tearing crosses down over war memorials, and I don't think any American across the board who really believes in tolerance would support that.

I'm very honored to have four plaques at this memorial in San Diego. Frankly, I have a father, a stepfather, a brother, and a stepbrother whose plaques are at the memorial at Mt. Soledad. This is a family effort. I remember as a child, my father pointing up at the cross at Mt. Soledad and that memorial that it symbolizes and said it's one of the few in the country to the men and women who died in Korea. Now, I also was very privileged in 2006 to be the cosponsor of a bill with another Duncan Hunter, Duncan's father, that specifically had Congress and the Federal Government come in to save this war memorial.

Mr. Speaker, if you're not going to support this bill, if your attitude is that any religious connotation anywhere in the world that is on Federal-controlled property needs to be torn down and destroyed, then you can take that position, but don't stand in these Chambers and point at religious symbols all over in Europe or in San Diego and say they must come down or you will not defend them.

If you're going to sit in these Chambers with Moses at one side, Pope Innocent and Pope Gregory on the other, and Calvin, in these Chambers, if you're not going to stand up and demand that this Congress tear those plaques off these walls, then for God sakes, leave our war memorials alone, and don't tear down religious symbols just because you're intolerant and can't stand the fact that there are some of us that respect our war service and respect their faith, but most importantly, respect the heritage that has made America what it is today.

Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 290) to amend title 36, United States Code, to ensure that memorials commemorating the service of the United States Armed Forces may contain religious symbols, and for other purposes.

I ask unanimous consent that all Members may have 5 legislative days to revise and extend their remarks and include extraneous materials on the bill under consideration.

Mr. Speaker, I yield myself such time as I may consume.

H.R. 290, introduced by the gentleman from California (Mr. Hunter), will allow the inclusion of religious symbols as part of military monuments.

In 1913, a memorial that included a 43-foot tall cross was placed on Mt. Soledad in San Diego, California, as a tribute to the members of the Armed Forces who sacrificed their lives to defend the United States. In 1989, the city of San Diego was sued over the cross, with critics claiming it violated the First Amendment to the U.S. Constitution and to the California Constitution.

Several remedies were attempted over the years to avoid the cross being removed by the courts. These included transferring the property to a nonprofit organization, but this, too, led to a lawsuit. The property was also declared a national memorial by Congress in 2004. In 2006, Congress enacted Public Law 109-272 to transfer the memorial to the Department of Defense. The Federal Government was sued, and the Ninth Circuit Court of Appeals ruled that the cross was unconstitutional.

While the legislation does not specifically resolve the constitutionality of the Mt. Soledad cross, this legislation will, for the first time, statutorily protect religious symbols in all war memorials and make clear Congress' intent in the U.S. Code.

I urge adoption of H.R. 290, and I reserve the balance of my time.

Mr. Speaker, I yield 3 minutes to the gentleman from California (Mr. Hunter), the author of the bill.

Mr. Speaker, I yield 3 minutes to the gentleman from California (Mr. Bilbray).

Mr. Speaker, I yield back the balance of my time.

Mr. Speaker, I yield myself as much time as I my consume.

(Mr. SABLAN asked and was given permission to revise and extend his remarks.)

Mr. Speaker, H.R. 290 is a bill that would allow religious symbols to be included as part of memorials commemorating the service of the United States armed services. The legislation, sponsored by my good friend Congressman Hunter of California, was considered by the Committee on Natural Resources in July. I commend my colleague, Mr. Hunter, for moving this legislation forward.

We have no objections to the bill, and I reserve the balance of my time.

Mr. Speaker, some Members may be aware of specific situations regarding religious symbols located on public land in California. In fact, the committee report for H.R. 290 mentions one of these ongoing controversies.

It is important to note that the committee report also makes clear ``this legislation does not specifically address the Mt. Soledad situation.'' Further, the report includes analysis of the legislation by the Congressional Budget Office, which found, ``under current law, religious symbols are not barred from being used in any military memorials; thus, H.R. 290 would codify current practice. According to the Department of Defense, the National Park Service, and the American Battle Monuments Commission, implementing H.R. 290 would not require any new memorials to be built or current memorials to be changed.''

H.R. 290 is not necessary and does not appear to change current law. As a result, we do not oppose it.

At this time, I reserve the balance of my time.

Mr. Speaker, I yield back the balance of my time.

Mr. Speaker, today I rise in support of H.R. 290, the ``War Memorial Protection Act,'' of which I am a proud cosponsor.

H.R. 290 will allow religious symbols to be included as part of a military memorial established or acquired by the U.S. government. This follows past legislation which led to the federal government's acquisition of Mount Soledad Veterans Memorial from the city of San Diego in 2006.

First erected in 1913, the cross on top of Mount Soledad has been a fixture of San Diego for nearly a century. In 1954 the Mount Soledad Veterans Memorial was rebuilt and dedicated as a lasting memorial to the dead of the two world wars and the Korean conflict. It is a symbol of the community's respect and honor for those who have made the ultimate sacrifice in defense of their nation and liberty.

I am a proud defender of the Mount Soledad Veterans Memorial. Our Founding Fathers made sure the government did not impose one religion on all people. They also believed religion plays an important role in public life and individuals should be able to freely practice what they believe.

That is why it is so important to pass the War Memorial Protection Act. This bill does not favor one religion over another and it does not make any exclusions. This bill seeks to ensure that religious symbols can also be part of war memorials honoring our fallen heroes.

Mr. Speaker, again I urge passage of H.R. 290.