“It’s erected as a war memorial. I assume it is erected in honor of all of the war dead,” Scalia said of the cross that the Veterans of Foreign Wars built 75 years ago atop an outcropping in the Mojave National Preserve. “What would you have them erect?…Some conglomerate of a cross, a Star of David, and you know, a Muslim half moon and star?”
Peter Eliasberg, the American Civil Liberties Union lawyer arguing the case [and whom Father A. is almost certain he worked with, years ago], explained that the cross is the predominant symbol of Christianity and commonly used at Christian grave sites, not that the devoutly Catholic Scalia needed to be told that.
“I have been in Jewish cemeteries,” Eliasberg continued. “There is never a cross on a tombstone of a Jew.”
There was mild laughter in the packed courtroom, but not from Scalia.
“I don’t think you can leap from that to the conclusion that the only war dead that that cross honors are the Christian war dead. I think that’s an outrageous conclusion,” Scalia said, clearly irritated by the exchange.