Press Release: Babylon & Beyond

IRAQ: A baseball field, TV Show and now a cross.

At the Marine base at Al Asad, Iraq , a playing field is dedicated to Marine Majs. Michael Martino and Gerald Bloomfield, who were killed when their Super Cobra helicopter was shot down Nov. 2, 2005.

Helicopter squads, decompressing after daily flights throughout Iraq , gather at the Flying Diamonds Bloomfield-Martino Baseball Field.

The opening episode of the sixth season of the TV series "24" also was dedicated to the two crewmen, after Camp Pendleton Marines helped the producers with some helicopter scenes for one of Jack Bauer's adventures.

Now it might be said that the 43-foot cross atop San Diego 's Mt. Soledad is also a memorial to Martino and Bloomfield.

The cross is at the center of a complex legal issue involving the constitutional separation of church and state vs. the federal government's right to have crosses on its property. More litigation is possible.

But in his ruling Wednesday that the cross is a war memorial and not predominantly a religious symbol, and therefore can remain on the promontory near Interstate 5, U.S. District Judge Larry Burns cited a brief filed by the Michigan-based Thomas More Law Center on behalf of Martino's parents and Bloomfield's widow.

In a ceremony attended by 300 Marines, plaques memorializing Bloomfield and Martino were added in May 2006 to the 2,000-plus already affixed to the base of the cross.

In his opinion, Burns noted a photograph showing the ceremony attached to the brief: "The cross plays no noticeable role in the ceremony itself. An objective observor happening upon such a ceremony would immediately perceive its patriotic and military character and would not take away a religious message."

The ACLU, which believes the cross should be removed, may appeal Burns' ruling. But for the moment, lawyers for the two families are celebrating what they call a victory.

--Tony Perry

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Press Release: Alert, Thomas More Law Center

ANN ARBOR , MI - Federal District Court Judge Larry Alan Burns, ruled yesterday that the giant cross atop Mount Soledad , the center piece of a national veterans' memorial and subject of a 20 year legal battle, can stay as it is where it is.

Judge Burns wrote: "The Court finds the memorial at Mt. Soledad , including its Latin cross, communicates the primarily non-religious messages of military service, death and sacrifice." Judge Burns, in his ruling, specifically cited the brief supporting the Mt. Soledad Cross filed by the Thomas More Law Center , a national public interest law firm based in Ann Arbor , Michigan . (Click here to read ruling).

The Law Center 's friend of the court brief was filed on behalf of the families of Marine Majors Michael D. Martino and Gerald Bloomfield, III, both of whom were killed in combat in Iraq on November 2, 2005 when their attack helicopter was shot down by a surface-to-air missile.  Their memories are now preserved by plaques located under the Mt. Soledad Cross, which were dedicated in their honor by their Marine Squadron.  (Click here to see brief.)

The Law Center filed its brief on behalf of Sybil and Robert Martino-parents of Major Martino-and Julie Bloomfield-spouse of Major Bloomfield.  The brief contains several moving photographs of family members at the grave site at Arlington National Cemetery and at the Mt. Soledad Memorial.   (Click here to see photographs.)

Richard Thompson, the President and Chief Counsel for the Law Center, commented, "This is a wonderful victory, not only for the families of Majors Martino and Bloomfield who can have some comfort knowing that the memories of their loved ones are preserved under the Cross, but for all Americans who care about our young men and women who have sacrificed their lives in defense of our country.  Sadly, I fully expect the ACLU attorneys to appeal this decision to the Ninth Circuit Court of Appeals.  So this fight is not over." 

In May 2006, Major Martino and Major Bloomfield's unit, which had recently returned from Iraq , sponsored a plaque dedication ceremony at the memorial to commemorate the fallen Marines' heroic service and to provide a place to honor them.  Over three hundred Marines stood in line for over three hours to meet the Marines' families and to pay respect for their fallen comrades. 

The Law Center stepped in and defended the Cross just weeks before it was to be taken down pursuant to an agreement between the City of San Diego and a self-proclaimed atheist who was seeking to remove it.  From that point on, the Law Center , with assistance from its West Coast Regional Director, Charles LiMandri, has played a significant role in defending the Cross.

The Law Center initially prevailed in petitioning Justice Anthony Kennedy to enjoin the City of San Diego from tearing the Cross down during and until our appeals were complete. The Law Center also launched a highly successful petition drive asking the President to save the Cross. Ultimately the Law Center prevailed in both the state and federal courts by successfully petitioning the federal government to transfer the cross from city to federal property, thereby rendering a district court's order to remove the cross moot.    

However, the ACLU soon thereafter filed a new lawsuit, this time against the federal government, claiming the

transfer was improper and that the display of the memorial cross as part of this veterans' memorial violated the so-called "wall of separation of church and state."  Federal government lawyers are defending the cross in this new lawsuit.  However, the Law Center is supporting their efforts by adding a new perspective to the legal arguments supporting the cross?the importance of the cross to the surviving family members. 

Over 2,000 plaques honoring individuals or groups of veterans are displayed at the memorial.  Some of the plaques contain Stars of David, honoring Jewish veterans.  There is also a large American flag flying at the base of the memorial.  In a letter to the private association that maintains the memorial, President Bush stated, " Mount Soledad becomes a place to reflect on our past, be inspired by true patriots, and offer war veterans our heartfelt gratitude for the freedom we all enjoy today."

The Thomas More Law Center defends and promotes the religious freedom of Christians, time-honored family values, and the sanctity of human life through education, litigation, and related activities.  It does not charge for its services.  The Law Center is supported by contributions from individuals, corporations and foundations, and is recognized by the IRS as a section 501(c)(3) organization.  You may reach the Thomas More Law Center at (734) 827-2001 or visit our website at www.thomasmore.org .