Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

San Diego judge orders: Take down that cross! (American Communist-Liberal Union Strikes Again!!!)
WorldNetDaily.com ^ | May 3, 2006

Posted on 05/03/2006 4:09:29 PM PDT by Conservative Coulter Fan


Mt. Soledad cross and veterans memorial above San Diego (soledadmemorial.com)

Ruling on a 15-year-old ACLU case, a federal judge today ordered the city of San Diego to remove a mountain-top cross within 90 days or face a fine of $5,000 a day.

U.S. District Judge Gordon Thompson said, "It is now time, and perhaps long overdue, for this court to enforce its initial permanent injunction forbidding the presence of the Mount Soledad cross on city property," the San Diego Union-Tribune reported.

Thompson ruled in 1991 the Mount Soledad cross violates the so-called "separation of church and state" but the case has remained in courts and become an issue of public policy for more than a decade.

ACLU lawyer James McElroy believes San Diego officials finally will give up their fight.

"I don't think the city has its heart in taking more action," he said, according to the paper.

A city lawyer argued during the hour-long court hearing today that citizens had voted for transfer of the land under the cross.

Proposition A, passed by 75 percent in July, called for the city to donate the cross to the federal government as the centerpiece of a veterans memorial.

The ballot initiative came about after the city refused to donate the cross and memorial to the federal government. A group called San Diegans for the Mount Soledad National War Memorial took just 23 days to gather 105,000 signatures.

In a ruling now on appeal, however, a Superior Court judge found the transfer unconstitutional.

The Union-Tribune said the group behind the public vote on transfer likely will appeal Thompson's decision.

The 29-foot cross has stood on Mount Soledad as the center of a war memorial on city land since 1954. The first cross on the site was built in 1913.

A bill authorizing the federal government to take over the memorial was authored by Republican U.S. Reps. Duncan Hunter and Randy Cunningham. President Bush signed the bill into law in December.

Responding to today's ruling, Mayor Jerry Sanders said he would recommend the city council and city attorney take action to save the cross.

The battle began in 1989 when Phillip Paulsen, an atheist, filed suit, and a court ordered the city to remove the cross. In 1998, the city sold the property to the Mt. Soledad War Memorial Association, which again was challenged in court. The sale originally was upheld but later ruled unconstitutional by the full panel of the 9th Circuit Court of Appeals in San Francisco and remanded back to district court to work out a remedy.

During its brief period of ownership, the Memorial Association made significant improvements, including extensive landscaping and the addition of more than 3,000 plaques honoring military veterans.


TOPICS: Culture/Society; News/Current Events; US: California
KEYWORDS: aclu; cross; gordonthompson; lawsuit; moralabsolutes; mountsoledad; mtsoledad; purge; ruling; sandiego; soledad; soledadcross
Navigation: use the links below to view more comments.
first 1-5051-54 next last

1 posted on 05/03/2006 4:09:35 PM PDT by Conservative Coulter Fan
[ Post Reply | Private Reply | View Replies]

To: Conservative Coulter Fan

What happens if the city refuses to take down the cross, or pay the fine?


2 posted on 05/03/2006 4:11:02 PM PDT by Kenny Bunkport
[ Post Reply | Private Reply | To 1 | View Replies]

To: Conservative Coulter Fan

Why doesn't the city just sell the land to a Catholic church for $1.00 and issue the required permits for allowing the cross.


3 posted on 05/03/2006 4:13:24 PM PDT by HEY4QDEMS (Sarchasm: The gulf between the author of sarcastic wit and the person who doesn't get it.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Conservative Coulter Fan

Sell the property to a non-profit, private group who then maintains the cross in perpetuity.


4 posted on 05/03/2006 4:14:22 PM PDT by Jeff Head (www.dragonsfuryseries.com)
[ Post Reply | Private Reply | To 1 | View Replies]

To: HEY4QDEMS

I like that idea.


5 posted on 05/03/2006 4:15:27 PM PDT by doug from upland (Stopping Hillary should be a FreeRepublic Manhattan Project)
[ Post Reply | Private Reply | To 3 | View Replies]

To: Conservative Coulter Fan

these people are despicable


6 posted on 05/03/2006 4:17:16 PM PDT by mylife (The roar of the masses could be farts)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Conservative Coulter Fan

Too bad we can't put the judge up on that cross...


7 posted on 05/03/2006 4:17:39 PM PDT by the anti-liberal (OUR schools are damaging OUR children)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Conservative Coulter Fan

What about all the crosses in the national cemeteries. Isn't that a violation of church and state? Another anti-Christ religious bigot in a robe.


8 posted on 05/03/2006 4:17:40 PM PDT by HisKingdomWillAbolishSinDeath (My Homeland Security: Isaiah 54:17 No weapon that is formed against thee shall prosper)
[ Post Reply | Private Reply | To 1 | View Replies]

To: doug from upland

First four posts are top drawer in my book!Maybe the VFW or the American Legion could take it over. Now, where is that checkbook...


9 posted on 05/03/2006 4:18:15 PM PDT by Mrs. Shawnlaw (No NAIS! And the USDA can bugger off, too!)
[ Post Reply | Private Reply | To 5 | View Replies]

To: Kenny Bunkport

Or suppose crowds of people try to block dudes in dozers driving up that mountain. The politically correct crowd hyperventilated about that Rachel Corrie girl who went to the palestinian territories and got run over by a bulldozer. So I expect the politically correct crowd would be against any physical action to remove protesters here if that happens.


10 posted on 05/03/2006 4:19:12 PM PDT by Dilbert San Diego
[ Post Reply | Private Reply | To 2 | View Replies]

To: HEY4QDEMS

I just called the mayor's office. They said they tried something like that before but it didn't work. They aren't through trying and really appreciated the call.


11 posted on 05/03/2006 4:19:16 PM PDT by doug from upland (Stopping Hillary should be a FreeRepublic Manhattan Project)
[ Post Reply | Private Reply | To 3 | View Replies]

To: Conservative Coulter Fan

BTTT


12 posted on 05/03/2006 4:20:31 PM PDT by hattend (You won't know you're being invaded until you try to stop it.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Mrs. Shawnlaw

There have been other attempts to sell or transfer the land to other organizations that are not public organizations . The courts have struck down those transfers in the past. That's why we are at this stalemate at the 11th hour today.


13 posted on 05/03/2006 4:20:39 PM PDT by Dilbert San Diego
[ Post Reply | Private Reply | To 9 | View Replies]

To: Conservative Coulter Fan

let the illegals make human barricades to block its removal


14 posted on 05/03/2006 4:21:47 PM PDT by avile
[ Post Reply | Private Reply | To 1 | View Replies]

To: Conservative Coulter Fan
Here is another democratic supported action by the ACLU. When will the Republicans wake up and start using these actions against the democrats???????
15 posted on 05/03/2006 4:22:58 PM PDT by martinidon (Bush won sKerry lost and Soro's is out millions for nothing!)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Conservative Coulter Fan
Given the ACLU's pathological fear of crosses, I have begun to consider that they may be an organization of vampires.
16 posted on 05/03/2006 4:23:11 PM PDT by HitmanLV ("5 Minute Penalty for #40, Ann Theresa Calvello!" - RIP 1929-2006)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Conservative Coulter Fan; Victoria Delsoul
Given the ACLU's pathological fear of crosses, I have begun to consider that they may be an organization of vampires.
17 posted on 05/03/2006 4:23:25 PM PDT by HitmanLV ("5 Minute Penalty for #40, Ann Theresa Calvello!" - RIP 1929-2006)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Dilbert San Diego

Rachel Corrie had it coming...and I don't have any pity for her...hopefully she'll be forgotten.


18 posted on 05/03/2006 4:25:06 PM PDT by Conservative Coulter Fan (I am defiantly proud of being part of the Religious Right in America.)
[ Post Reply | Private Reply | To 10 | View Replies]

To: HEY4QDEMS

They tried it before.


19 posted on 05/03/2006 4:25:41 PM PDT by Hildy (Producing a penny now costs the government more than 1.4 cents)
[ Post Reply | Private Reply | To 3 | View Replies]

To: HisKingdomWillAbolishSinDeath

Shhhhh that will come next


20 posted on 05/03/2006 4:28:44 PM PDT by roverman2K6
[ Post Reply | Private Reply | To 8 | View Replies]

To: Conservative Coulter Fan
So how does the ACLU allow veteran's cemeteries with the religious headstones ?
21 posted on 05/03/2006 4:29:50 PM PDT by llevrok (sui generis)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Conservative Coulter Fan
The sale originally was upheld but later ruled unconstitutional by the full panel of the 9th Circuit Court of Appeals in San Francisco and remanded back to district court to work out a remedy.

You'd think that the commonsense solution would be the transfer of land ownership. However, the sale was ruled "unconstitutional...". Can any of our expert FReepers tell us why that sale would have been unconstitutional?

22 posted on 05/03/2006 4:30:14 PM PDT by Chena (I'm not young enough to know everything.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: doug from upland

Well in that case, why don't we track down the atheist a-hole who filed the lawsuit and use the cross to crucify him.


23 posted on 05/03/2006 4:33:29 PM PDT by HEY4QDEMS (Sarchasm: The gulf between the author of sarcastic wit and the person who doesn't get it.)
[ Post Reply | Private Reply | To 11 | View Replies]

To: Dilbert San Diego
"The courts have struck down those transfers in the past."

On what grounds!?

24 posted on 05/03/2006 4:33:44 PM PDT by the anti-liberal (OUR schools are damaging OUR children)
[ Post Reply | Private Reply | To 13 | View Replies]

To: Conservative Coulter Fan
Judge Gordon Thompson - A Nixon Appointee from 1970. I never have been a fan of his court appointments - better than Carter & Clinton but then who wasn't?

This is another case of "I'm offended - take it away before I get offended again!" No matter how it is pointed out that the US Constitution prohibits government support of any particular religious operation or effort, the ACLU and the Social Liberals trot out Jefferson's letter as proof of total church-state separation.

A letter, not a law or amendment that was voted upon, and yet this is their PROOF! We have had nothing like this attack until the Earl Warrne court and the conversion of the judiciary into a law-making body that John Marshall wouldn't recognize in his worst nightmare. A pox on the 9th Circuit and may all who deserve it get the gout! Bah!

25 posted on 05/03/2006 4:34:24 PM PDT by SES1066 (Cycling to conserve, Conservative to save, Saving to Retire, will Retire to Cycle.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: HisKingdomWillAbolishSinDeath
What about all the crosses in the national cemeteries.

I'm waiting for the ACLU et al to bring suit to turn all crossroads into traffic circles ... you know how insidious religious symbolism is and with so many people flying these days ... Remember it is generally the government that builds and maintains these religious symbols - Oh BARF!

26 posted on 05/03/2006 4:38:07 PM PDT by SES1066 (Cycling to conserve, Conservative to save, Saving to Retire, will Retire to Cycle.)
[ Post Reply | Private Reply | To 8 | View Replies]

To: Chena
Considering that the ruling came from the ninth circuit, it more than likely is constitutional.

The SCOTUS overturns the 9th so often, they should be sending them a bill.
27 posted on 05/03/2006 4:38:11 PM PDT by HEY4QDEMS (Sarchasm: The gulf between the author of sarcastic wit and the person who doesn't get it.)
[ Post Reply | Private Reply | To 22 | View Replies]

To: Conservative Coulter Fan

Well San Diego can take down the cross, put up a flag pole, and raise the Mexican flag. That should satisfy the judge and many politicians at the same time.


28 posted on 05/03/2006 4:40:10 PM PDT by sheana
[ Post Reply | Private Reply | To 1 | View Replies]

To: SES1066
I'm waiting for the ACLU et al to bring suit to turn all crossroads into traffic circles

But wouldn't that make those intersections look like Celtic Crosses??
29 posted on 05/03/2006 4:40:56 PM PDT by HEY4QDEMS (Sarchasm: The gulf between the author of sarcastic wit and the person who doesn't get it.)
[ Post Reply | Private Reply | To 26 | View Replies]

To: Conservative Coulter Fan

ACLU=American Communist "Liberation" (Enslavement) Unit


30 posted on 05/03/2006 4:41:56 PM PDT by Thunder90
[ Post Reply | Private Reply | To 1 | View Replies]

To: HEY4QDEMS

Perhaps someone can create a nest for a spotted owl in the cross so federal law would prevent its removal.


31 posted on 05/03/2006 4:45:57 PM PDT by doug from upland (Stopping Hillary should be a FreeRepublic Manhattan Project)
[ Post Reply | Private Reply | To 23 | View Replies]

To: Kenny Bunkport
I'm wondering if the city government has become less interested in protecting the religious freedoms of it's citizens since this issue first arose 17 years ago.

I suspect that the city government would like to give in and agree with the ACLU and the liberal judge.

I suspect that is the reason why the citizens had to use a ballot issue to keep the city government from caving in and removing it.

I suspect that if the city simply refuses to obey the courts, the State would cut off any State funds they might receive. The Federal government might do the same eventually, but that would likely take another decade or two to work it's way through the courts.

32 posted on 05/03/2006 4:46:09 PM PDT by untrained skeptic
[ Post Reply | Private Reply | To 2 | View Replies]

To: Kenny Bunkport

Time to split up the 9th Circus!!!


33 posted on 05/03/2006 4:50:46 PM PDT by kellynla (Freedom of speech makes it easier to spot the idiots. Semper Fi!)
[ Post Reply | Private Reply | To 2 | View Replies]

To: Conservative Coulter Fan
In a ruling now on appeal, however, a Superior Court judge found the transfer unconstitutional.

I never understood this. How can a uncoerced transfer of one's own (the city's) property be considered unconstitutional? Idiocy.

34 posted on 05/03/2006 4:52:37 PM PDT by nosofar
[ Post Reply | Private Reply | To 1 | View Replies]

To: nosofar

Once again the will of the people is negated by a single judge, a referendum was passed, the citizens (including me) signed the petition's and one person sez you live in my world, what happened to majority rule ??? Call every talk show in the land this cannot happen.


35 posted on 05/03/2006 5:15:52 PM PDT by Foolsgold (dumped daschel he he he he)
[ Post Reply | Private Reply | To 34 | View Replies]

To: HEY4QDEMS
"why don't we track down the atheist a-hole who filed the lawsuit and use the cross to crucify him."

I was thinking about that as an appropriate fate for the judge. If we Christians acted like Muzzies they wouldn't dare act the way they do.

I always believed the ACLU was the American Communist Lawyers Union. My wrong?
36 posted on 05/03/2006 5:35:34 PM PDT by Nuc1 (NUC1 Sub pusher SSN 668 (Liberals Aren't Patriots))
[ Post Reply | Private Reply | To 23 | View Replies]

To: the anti-liberal
Too bad we can't put the judge up on that cross...

We've already had a "judge" on a cross. No other sacrifices are needed. Judge Thompson needs to be at the foot of this cross on his knees, if we wants to escape judgement.

37 posted on 05/03/2006 5:47:32 PM PDT by nonsporting
[ Post Reply | Private Reply | To 7 | View Replies]

To: Conservative Coulter Fan

Who gets the money from the fine ?


38 posted on 05/03/2006 5:52:07 PM PDT by oldbrowser (We must act today in order to preserve tomorrow......R.R)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Kenny Bunkport

Who is the judge going to send to enforce it? Judges don't have armies.


39 posted on 05/03/2006 6:03:18 PM PDT by Blood of Tyrants (G-d is not a Republican. But Satan is definitely a Democrat.)
[ Post Reply | Private Reply | To 2 | View Replies]

To: Kenny Bunkport
Good evening.
"What happens if the city refuses to take down the cross, or pay the fine?"

I've often wondered what would happen if a municipality were to just say no to the Judges.

Who gives the order to enforce the ruling and what do the agents of TPTB do to enforce the ruling?

Michael Frazier
40 posted on 05/03/2006 6:04:25 PM PDT by brazzaville (no surrender no retreat, well, maybe retreat's ok)
[ Post Reply | Private Reply | To 2 | View Replies]

To: HitmanLV
Given the ACLU's pathological fear of crosses, I have begun to consider that they may be an organization of vampires.


41 posted on 05/03/2006 6:45:26 PM PDT by Victoria Delsoul
[ Post Reply | Private Reply | To 17 | View Replies]

To: Victoria Delsoul
Good gravy, that's terrifying! :-)
42 posted on 05/03/2006 6:50:26 PM PDT by HitmanLV ("5 Minute Penalty for #40, Ann Theresa Calvello!" - RIP 1929-2006)
[ Post Reply | Private Reply | To 41 | View Replies]

To: HitmanLV

I thought it was cute, LOL.


43 posted on 05/03/2006 6:52:24 PM PDT by Victoria Delsoul
[ Post Reply | Private Reply | To 42 | View Replies]

To: Victoria Delsoul
I ran so fast I tripped on a shoe!
44 posted on 05/03/2006 6:53:56 PM PDT by HitmanLV ("5 Minute Penalty for #40, Ann Theresa Calvello!" - RIP 1929-2006)
[ Post Reply | Private Reply | To 43 | View Replies]

To: HitmanLV

LOL.


45 posted on 05/03/2006 6:55:05 PM PDT by Victoria Delsoul
[ Post Reply | Private Reply | To 44 | View Replies]

To: Foolsgold

This "judge" needs to be impeached. This is insane.


46 posted on 05/03/2006 7:18:48 PM PDT by Reactionary (The Barking of the Native Moonbat is the Sound of Moral Nitwittery)
[ Post Reply | Private Reply | To 35 | View Replies]

To: wagglebee

What we need is a whole bunch of civil disobedience. Cities just plain refusing to cooperate. What's the ACLU going to do? I suppose US marshals or something will come and remove the cross.

I'm really disgusted. FUBAR.


47 posted on 05/03/2006 7:35:01 PM PDT by little jeremiah
[ Post Reply | Private Reply | To 1 | View Replies]

To: Kenny Bunkport

It is almost time to fight.


48 posted on 05/04/2006 12:35:18 AM PDT by Jimbaugh (Fear the Base !!!)
[ Post Reply | Private Reply | To 2 | View Replies]

To: Chena
why that sale would have been unconstitutional

Essentially... the court found it wasn't an arms-length sale, but was rigged to keep the atheist from buying the cross.

49 posted on 05/04/2006 12:44:59 AM PDT by ArmstedFragg
[ Post Reply | Private Reply | To 22 | View Replies]

To: HitmanLV

The City of San Diego should remove the cross, and then drive it through the heart of the ACLU's attorney.


50 posted on 05/04/2006 9:42:01 AM PDT by Kenny Bunkport
[ Post Reply | Private Reply | To 17 | View Replies]


Navigation: use the links below to view more comments.
first 1-5051-54 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson