Skip to comments.Veterans Ask Supreme Court to Intervene, Save Mt. Soledad Cross
Posted on 03/04/2014 4:34:59 PM PST by nickcarraway
The Mt. Soledad Memorial Association has petitioned the U.S. Supreme Court to step in and "bring an end" to a decades-long legal dispute in San Diego. Only this Court can bring an end to this litigation, the group writes in its petition to have the case heard by the justices.
At issue is a 43-foot- tall cross that has been on a hillside looking over La Jolla and Mission Bay since 1954.
In December, a federal judge ordered the cross must come down because it violates the Establishment Cause of the Constitution, unlawfully endorsing one religion over others.
In their petition, the veterans group asks Supreme Court justices to step in and review the decision, explaining that there are hundreds of plaques honoring veterans of all religions surrounding the base of the cross.
The context and history of the Memorial make clear that its primary purpose and effect is not to endorse religion, but to honor veterans, the petition states.
In 2011, the Ninth Circuit Court of Appeals ruled that the cross violated the First Amendment. The U.S. Supreme Court declined to hear the case, and it was sent back to federal court in San Diego, where the December ruling was issued. Veterans warned justices that by refusing to hear the case, they could be putting other war memorials in the same legal quandary.
As long as the Ninth Circuits decision stands, it puts into question the legality of hundreds, if not thousands, of veterans memorials across the country, the petition states.
If the Supreme Court does not review the case, it lets the lower court's ruling stand. The order states the cross must be moved within 90 days.
Who owns the cross? Who paid for it’s installation?
If the atheists wanted the cross down they should have filed suit when the cross was erected, not decades later.
It is now a part of the landscape so leave it and all the other crosses that cause such hurt to the libs.
By what authority? The 1st Amendment refers only to actions by "Congress" (shall make no law), not the states. ith the 10th Amendment, this would appear to negate any Federal authority over religious matters in the states.