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SUPREME COURT ISSUES STAY IN SAN DIEGO CROSS CASE - High court intervenes in fight over cross
AP ^ | 7/3/06 | TONI LOCY

Posted on 07/03/2006 11:36:51 AM PDT by Pukin Dog

Edited on 07/03/2006 12:00:01 PM PDT by Admin Moderator. [history]

The Supreme Court intervened Monday to save a large cross on city property in southern California.

A lower court judge had ordered the city of San Diego to remove the cross or be fined $5,000 a day.

Justice Anthony M. Kennedy, acting for the high court, issued a stay while supporters of the cross continue their legal fight.

Lawyers for San Diegans for the Mt. Soledad National War Memorial said in an appeal that they wanted to avoid the "destruction of this national treasure." And attorneys for the city said the cross was part of a broader memorial that was important to the community.

The 29-foot cross, on San Diego property, sits atop Mount Soledad. A judge declared it was an unconstitutional endorsement of religion.

The cross, which has been in place for decades, was contested by Philip Paulson, a Vietnam veteran and atheist.

Three years ago, the Supreme Court had refused to get involved in the long-running dispute between Paulson and the city.

Kennedy granted the stay to the city and the cross' supporters without comment pending a further order from him or the entire court.

The cross was dedicated in 1954 as a memorial to Korean War veterans, and a private association maintains a veterans memorial on the land surrounding it.

Mayor Jerry Sanders has argued that the cross, sitting atop Mt. Soledad in La Jolla, is an integral part of the memorial and deserves the same exemptions to government-maintained religious symbols as those granted to other war monuments.

In May, U.S. District Court Judge Gordon Thompson, Jr., ordered the city to take down the 29-foot cross before Aug. 2 or pay daily fines of $5,000.

Thompson's ruling, which he described as "long overdue," found the cross to be an unconstitutional display of government preference of one religion over another.

Last year, San Diego voters overwhelmingly approved a ballot proposition to transfer the land beneath the cross to the federal government. The measure was designed to absolve the city of responsibility for the cross under the existing lawsuit. But a California Superior Court judge found the proposition to be unconstitutional.


TOPICS: Breaking News; Culture/Society; Politics/Elections; US: California
KEYWORDS: aclu; aclucross; annoyedatheist; anthonykennedy; antitheist; atheistcrusader; atheistpaulson; christophobia; churchandstate; cross; enviousathiest; moralabsolutes; mtsoledad; sandiego; scotus; warmemorial
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1 posted on 07/03/2006 11:36:53 AM PDT by Pukin Dog
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To: Pukin Dog

Good!


2 posted on 07/03/2006 11:37:57 AM PDT by bobbyd (Damn, I've been tagged.....)
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To: Pukin Dog

Allright!! Here's hoping some common sense breaks out!


3 posted on 07/03/2006 11:38:14 AM PDT by SuziQ
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To: Pukin Dog
I've just about lost all faith in the SCOTUS.

If they get one right it's most likely an accident.

L

4 posted on 07/03/2006 11:38:18 AM PDT by Lurker (When decadence pervades the corridors of power, depravity walks the side streets.)
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To: Pukin Dog

Praise God!


5 posted on 07/03/2006 11:38:19 AM PDT by vrwc1
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To: Pukin Dog
I might have gotten a bit excited?

It is actually San Diego vs. Dirty Atheists.

Sorry.
6 posted on 07/03/2006 11:38:47 AM PDT by Pukin Dog (Dont be a Conservopussy! Defend Ann Coulter, you weenies!)
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To: Pukin Dog

Alright. That's what I'm talkin' about


7 posted on 07/03/2006 11:38:58 AM PDT by mware (Americans in armchairs doing the job of the media.)
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To: Pukin Dog

High court intervenes in fight over cross
TONI LOCY
Associated Press
WASHINGTON - The Supreme Court intervened Monday to save a large cross on city property in southern California.

A lower court judge had ordered the city of San Diego to remove the cross or be fined $5,000 a day.

Justice Anthony M. Kennedy, acting for the high court, issued a stay while supporters of the cross continue their legal fight.

Lawyers for San Diegans for the Mt. Soledad National War Memorial said in an appeal that they wanted to avoid the "destruction of this national treasure." And attorneys for the city said the cross was part of a broader memorial that was important to the community.

The 29-foot cross, on San Diego property, sits atop Mount Soledad. A judge declared it was an unconstitutional endorsement of religion.

The cross, which has been in place for decades, was contested by Philip Paulson, a Vietnam veteran and atheist.

Three years ago the Supreme Court refused to consider to consider the long-running dispute between Paulson and the city.


8 posted on 07/03/2006 11:39:13 AM PDT by RobFromGa
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To: Pukin Dog; SoCalPol

Wonderful news!


9 posted on 07/03/2006 11:39:24 AM PDT by b9 ("the [evil Marxist liberal socialist Democrat Party] alternative is unthinkable" ~ Jim Robinson)
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To: onyx; doodlelady

see this?


10 posted on 07/03/2006 11:39:32 AM PDT by Hildy (Change calls the tune we dance to.)
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To: Pukin Dog

Excellent news. Way to be on top of it, Dog. If it ain't posted on Free Republic, it ain't news...


11 posted on 07/03/2006 11:40:13 AM PDT by abb (Because News Reporting is too Important to be Entrusted to Journalists)
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To: Pukin Dog

Definitely good news for this Fourth of July.


12 posted on 07/03/2006 11:40:25 AM PDT by jazusamo (DIANA IREY for Congress, PA 12th District: Retire murtha.)
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To: RobFromGa

Please provide a source and working link for the article.

Thanks.


13 posted on 07/03/2006 11:40:29 AM PDT by Admin Moderator
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To: Pukin Dog

Good news is good news..AND you got the "Dirty Atheists" part right. ;-)


14 posted on 07/03/2006 11:40:45 AM PDT by verity (The MSM is comprised of useless eaters)
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To: Pukin Dog

For those that have not seen this war memorial, it is one of the most beautiful spots in the entire world. I applaud Kennedy, of all people


15 posted on 07/03/2006 11:40:54 AM PDT by ncountylee (Dead terrorists smell like victory)
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To: Pukin Dog
Glorious News !!!!!
16 posted on 07/03/2006 11:41:00 AM PDT by afnamvet (It is what it is.)
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To: RobFromGa; Admin Moderator
Hey mods, would you please replace my outburst with post #8's information? Thanks, PD.
17 posted on 07/03/2006 11:41:13 AM PDT by Pukin Dog (Dont be a Conservopussy! Defend Ann Coulter, you weenies!)
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To: RobFromGa
Three years ago the Supreme Court refused to consider to consider the long-running dispute between Paulson and the city.

Three years ago, the Court was different.
18 posted on 07/03/2006 11:41:16 AM PDT by July 4th (A vacant lot cancelled out my vote for Bush.)
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To: Pukin Dog

ok, this is just a stay until they decide, nothing more. They do this kind of stuff all the time and it means nothing.


19 posted on 07/03/2006 11:41:16 AM PDT by Halls (One Proud Texas Momma!!)
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To: Halls
It is still awesome news down here in SD. The Supremes have never been kind to dirty atheists either, so there is hope.
20 posted on 07/03/2006 11:42:25 AM PDT by Pukin Dog (Dont be a Conservopussy! Defend Ann Coulter, you weenies!)
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