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The American Humanist Association filed a lawsuit against a California city demanding that a proposed war memorial be scrapped because it features an image of a soldier kneeling at a graveside cross.

The Lake Elsinore City Council approved the $50,000 memorial in spite of a warning from their attorney that the project might be unconstitutional.

“The city has clearly violated the First Amendment by unnecessarily choosing a divisively religious means of honor our veterans,” said William Burgess, an attorney with the Appignani Humanist Legal Center. “In addition, the California constitution prohibits any governmental funding whatsoever for religious purposes, including religious monuments.”

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