[Congressional Record Volume 158, Number 10 (Tuesday, January 24, 2012)]
[House]
[Pages H132-H134]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
WAR MEMORIAL PROTECTION ACT
Mr. JOHNSON of Ohio. 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.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 290
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``War Memorial Protection
Act''.
SEC. 2. INCLUSION OF RELIGIOUS SYMBOLS AS PART OF MILITARY
MEMORIALS.
(a) Authority.--Chapter 21 of title 36, United States Code,
is amended by adding at the end the following:
``Sec. 2115. Inclusion of religious symbols as part of
military memorials
``(a) Inclusion of Religious Symbols Authorized.--To
recognize the religious background of members of the United
States Armed Forces, religious symbols may be included as
part of--
``(1) a military memorial that is established or acquired
by the United States Government; or
``(2) a military memorial that is not established by the
United States Government, but for which the American Battle
Monuments Commission cooperated in the establishment of the
memorial.
``(b) Military Memorial Defined.--In this section, the term
`military memorial' means a memorial or monument
commemorating the service of the United States Armed Forces.
The term includes works of architecture and art described in
section 2105(b) of this title.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following:
``2115. Inclusion of religious symbols as part of military
memorials.''.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Ohio (Mr. Johnson) and the gentleman from the Northern Mariana Islands
(Mr. Sablan) each will control 20 minutes.
The Chair recognizes the gentleman from Ohio.
General Leave
Mr. JOHNSON of Ohio. 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.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Ohio?
There was no objection.
Mr. JOHNSON of Ohio. 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.
[[Page H133]]
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. SABLAN. 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. SABLAN. 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. JOHNSON of Ohio. Mr. Speaker, I yield 3 minutes to the gentleman
from California (Mr. Hunter), the author of the bill.
Mr. HUNTER. 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.
{time} 1250
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. SABLAN. 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. JOHNSON of Ohio. Mr. Speaker, I yield 3 minutes to the gentleman
from California (Mr. Bilbray).
Mr. BILBRAY. 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.
[[Page H134]]
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. SABLAN. Mr. Speaker, I yield back the balance of my time.
Mr. JOHNSON of Ohio. Mr. Speaker, I yield back the balance of my
time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Ohio (Mr. Johnson) that the House suspend the rules and
pass the bill, H.R. 290.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill was passed.
A motion to reconsider was laid on the table.
____________________