Lund and Klukowski Co-author FRC Amicus Brief
Professor Nelson Lund and law school alumnus Kenneth Klukowski are the co-authors of an amicus brief filed in the Supreme Court of the United States supporting a petition of certiorari in Mt. Soledad Memorial Association v. Trunk. At question is whether the Mt. Soledad Veterans Memorial, in existence for 50 years as a national memorial, violates the Establishment Clause because a cross is included in its symbols.
The brief was written on behalf of the Family Research Council (FRC) and argues that the case reveals serious flaws in the "endorsement of religion" test adopted by the Supreme Court in 1989 and used by the Court to determine whether memorials or artworks on government property violate the Constitution.
Said Klukowski, director of the FRC's Center for Religious Liberty, in discussing the brief, "This Mt. Soledad case is just the latest travesty in a long line of disturbing instances of federal courts striking down widely-accepted and longstanding expressions of faith in public life."
Twenty Congressional representatives, including three senators and 17 representatives, joined the brief as amici curiae.