The virulent anti-Christian group Americans United for Separation of Church and State is again attempting to have a memorial removed because it has a cross in it.

A war memorial in King, North Carolina featured a Christian flag and a sculpture of a soldier kneeling before a cross.  U.S. District Judge James A. Beaty ruled Tuesday there is sufficient evidence for the case to go to trial.

The “plaintiff” in the case is Steven Hewett, who is being represented by Americans United, who claims that the “King’s veterans’ memorial only honors Christian veterans.”

The Christian flag had been removed from the memorial in 2010 after the ACLU and Americans United both made threats against the city.  The citizens of the community were outraged that organizations from outside the town were coming in to censor their free speech rights.

The flag was part of a lottery that the town held every year that allowed a veteran to choose what flag flew every week.  Citizens United was angry that the majority of the time people chose to fly the Christian flag.

The American Legion as joined the case to defend the statue saying that the cross is a symbol of graves worldwide that thus it is not a violation of the Constitution.