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Church State Issues

Dispute over cross casts light on four fallen Marines

Jan 4, 2012

By: Tony Perry, Los Angeles Times

Los Angeles Times
Location: Camp Pendleton

Reporting from San Diego— In the early days of the U.S. battle with the Sunni insurgency in Iraq, the four Marines from Camp Pendleton were among those troops on the front lines in Anbar province.

Religious cross on Camp Pendleton Marine Base in California The two enlisted Marines would not survive those violent days in the spring of 2004: one was killed by "friendly fire" when a mortar round went awry and one was mortally wounded while hurling a grenade to repel an enemy assault, bravery for which he was posthumously awarded the Silver Star.

The two officers survived, only later to be killed in other battles in other parts of the country: one by gunfire while leading a raid in Baghdad to kill or capture a "high-value" target in 2007 and one by stepping on a buried bomb while scouting an attack position near the Syrian border in 2005.

Now the four — Lance Cpls. Robert Zurheide and Aaron Austin, and Majs. Douglas Zembiec and Ray Mendoza — are the focal point of a legal dispute about how best to honor their service and sacrifice, and that of other U.S. military personnel killed in Iraq and Afghanistan.

On Veterans Day, a retired Navy chaplain — who served with Zurheide, Austin, Zembiec and Mendoza with the 2nd Battalion, 1st Marine Regiment — led a small group of Marines and family members up a steep, rugged hill at Camp Pendleton to plant a 13-foot tall cross in their memory. No one informed the chain of command or asked for permission.

Zurheide, Zembiec and Mendoza had been among those Marines who planted a cross in the same spot in 2003 before the battalion deployed to Iraq.

In the years after the deaths, Marine "grunts'' adopted the hill as a place to leave messages in remembrance of those killed in action, including coins, medals, dog tags, and bits of sand and dirt brought back from distant battlefields.

The cross was destroyed by a brush fire in 2007. A replacement was raised in 2008, without news coverage. When a second cross was erected on Veterans Day, a story in The Times told of the cross and its meaning to Marines.

Within days, two groups petitioned the Marine Corps to take down the crosses as a violation of the constitutional separation of church and state. Two other groups took the opposite stance.

Rep. Duncan Hunter (R-Alpine), who served with the battalion in Fallouja, urged the Marines to leave the cross alone. The American Civil Liberties Union, although not directly involved in the dispute, said it hopes the Marines will "follow the law."

"The legal test is whether from the perspective of a reasonable observer this would be perceived as government endorsement of religion,'' said Erwin Chemerinsky, founding dean of the law school at UC Irvine and a constitutional scholar.

The cross, Chemerinsky noted, is an inherently Christian symbol. But an argument could be made that because the cross is not visible to the public and that the only people who see it are Marines, it does not serve a religious purpose but rather a reminder to Marines of those who have fallen in combat, he said.

"My own sense is that a cross by itself on a military base violates" the Constitution, Chemerinsky said. "But whether a court will see it that way is uncertain."

The colonel in charge of Camp Pendleton has sent an undisclosed recommendation about the cross to Marine Corps headquarters, where the issue is being studied by lawyers and generals. A decision is expected within weeks.

So who were these four Marines and why, years after their deaths, do Marines feel it important that they be remembered?

Austin, 21, had joined the Marine Corps after graduating from high school in rural Texas. He loved parties and football but quit the team in solidarity when his cousin had a run-in with the coach.

Two days before he was killed in a firefight, Austin told The Times: "There's no place I'd rather be than here with my Marines. I'll always remember this time."

When Marines from the battalion were attacked from three sides, Austin helped rescue the wounded and led the Marines to place a heavy machine gun on a rooftop.

Wounded several times by AK-47 fire, he refused to be evacuated and instead moved into the open to throw a grenade as the enemy surged within 20 meters.

"Of all the Marines in Two-One, it's Austin who brings tears to my eyes when I think of him," said Lt. Col. Brandon McGowan, who was the executive officer. "He wasn't even a squad leader but his incredible bravery in getting that machine gun up there and rallying the other troops, I'm sure saved the entire platoon."

Zembiec, a company commander, received the Bronze Star for bravery during the same fight in Fallouja. At one point he jumped on top of a tank, braving enemy fire to direct his Marines.

After Fallouja, the Naval Academy graduate deployed to Afghanistan and, after a restive tour at the Pentagon, returned to Iraq. He was 34 when he was killed.

"He radiated that fearlessness; that 'I can accomplish anything, anytime, you don't have to ask twice,' " said Master Sgt. Kenneth Cadena, who served with Zembiec in Kosovo. "That hill represents more than a cross, it represents the guts to accomplish something, like Zembiec did."

Then-Defense Secretary Robert Gates, normally a stoic presence, was near tears when he remembered Zembiec during a speech as "an unabashed and unashamed warrior."

Zurheide, 20, of Tucson, had served in the 2003 assault on Baghdad. When he redeployed in 2004, he had a premonition that he would not survive, although he never shared that fear with other Marines.

As insurgents sought one night to encircle the Marine position, Zurheide was killed by a Marine mortar that had been "dialed-in" to the wrong position.

After his death, other Marines "fought even harder and with the heavy heart of the memory of Zurheide in our thoughts," said Sgt. Major William Skiles, who was a company first sergeant with the battalion. "He had carried pride and honor with him as he went into battle."

Two weeks after his death, his widow, Elena, gave birth to their only child, Robbie Jr. Elena Zurheide and Mendoza's widow, Karen, were among the group that pulled the cross up the hill on Veterans Day.

Mendoza, 37, had just taken over command of a battalion rifle company when he was killed. He was leading his Marines in looking for a spot to attack the enemy near Al Qaim when he stepped on a buried bomb.

At 6-foot-2 and 220 pounds, Mendoza had been a champion wrestler at Ohio State. In his last conversation with his wife from Iraq, he asked her to visit the injured Marines in the hospital at Camp Pendleton.

"He was a big, tough guy who was not going to let anything happen to anyone if he had anything to do about it," said Lt. Col. Joseph Clearfield, who was operations officer for the battalion in Fallouja. "The world was a better place with him in it."

After Mendoza's funeral in Oceanside, Marines at Camp Pendleton organized a three-mile "motivational hump" in his honor up a steep, rugged hill with a cross at the top.


Crosses and the Constitution

January 4, 2012

The military, like any other government agency, cannot allow people to install large religious symbols wherever they want on public property. Once in place for any length of time, those symbols (and usually that means a cross) tend to be seen as established markers, and proposals to remove them are wrongly viewed as anti-religion and, specifically, anti-Christian.

That's what has happened yet again after two large crosses were set on a hill at Camp Pendleton. One was erected in 2003 by Marines who would later be killed in the Iraq war. That cross burned down in 2007 but was replaced a year later. Pendleton higher-ups should have foreseen that allowing the crosses to stay would have led to another one, placed there two months ago on Veterans Day without permission. Now groups that advocate for the separation of church and state are complaining that the crosses should come down, while others are arguing for them to remain as a memorial to Marines who have died.

The cross is widely used in this country to commemorate the dead; in Camp Pendleton, the hill adorned with crosses has become a cherished spot for men and women in uniform to honor their fallen comrades, bringing notes, dog tags and other memorabilia. But the fact remains that the cross is an inherently religious symbol. Those who claim it is merely a sign of mourning, not one that evokes one religion over others, should imagine how they would feel if a symbol of Islam or Judaism were placed on the hillside instead.

Ironically, there's another large cross on the Camp Pendleton base — one that many of the Marines there don't even know about — that does have legitimate reason to exist on its own. At the northern end of the camp, a white cross was planted on a bluff to mark the site of the spring below it where the first baptism in California is believed to have taken place in 1769. In that case, the public interest is historic, and the history is inextricably interwoven with Christianity.

That's not the situation with the two newer crosses at the Marine base, which shouldn't have been allowed without a plan for a more universal memorial site. One course of action that would allow the new crosses to remain would be to invite Marines of other religious beliefs to add their own symbols to the hill. That would ensure the separation of church and state while also being sensitive to the sense of loss suffered by those in the armed services. It would create a place where all people in uniform can remember the sacrifices made by so many.