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9th Circuit rejects San Diego's appeal to keep cross on city land
ap on Riverside Press Enterprise ^ | 6/21/06 | Allison Hoffman - ap

Posted on 06/21/2006 5:33:51 PM PDT by NormsRevenge

SAN DIEGO

A three-judge federal panel on Wednesday rejected a last-ditch appeal by the city of San Diego to keep a giant cross standing on city property after a 17-year legal tussle.

The city is under federal court order to move the 29-foot-tall cross from a La Jolla hilltop before Aug. 2 or face $5,000 daily fines. The failed appeal to the 9th U.S. Circuit Court of Appeals was intended to stay that order and allow the cross to remain standing until appeals currently pending in state courts can be heard.

City Attorney Michael Aguirre said that Wednesday's ruling, issued without comment, "would force us to carry out that order."

The fight over the 52-year-old cross began with a lawsuit filed in 1989 by an atheist living in San Diego. U.S. District Court Judge Gordon Thompson Jr. ruled in May that removal of the cross was "long overdue" and invoked his own 1991 opinion ordering the cross taken down to stop the city from displaying an unconstitutional preference for one religion over another.

Aguirre, however, said he was scheduled to meet with Mayor Jerry Sanders on Thursday to discuss appealing the case directly to the U.S. Supreme Court. He said that he believes the placement of the cross is unconstitutional, but argued that the city had a duty to exhaust its legal options in order to respect the will of voters who approved a 2005 ballot measure designed to preserve it.

"Voters passed the initiative so our obligation now is to try and defend it," Aguirre said.

The Supreme Court refused to hear an appeal on behalf of the cross in 2003 after the city tried to sell the property to a private buyer. Federal courts repeatedly blocked the sale, saying the transactions were designed to favor a buyer who would leave the cross in place.

The cross was dedicated in 1954 as a memorial to veterans of the Korean War, and a private association maintains a concentric granite-and-brick veterans' memorial on the land surrounding the cross.

Sanders has argued that the cross is an integral part of the war memorial and deserves the same exemption to government-maintained religious symbols granted to other war monuments such as Arlington National Cemetery.

In recent weeks Sanders has asked President Bush to intervene in the matter, joining a request by U.S. Rep. Duncan Hunter, R-Alpine, chair of the House Armed Services Committee.

On Wednesday, Sanders issued a statement saying he was disappointed by the appeals court decision, but he reiterated his commitment to obeying the court order and sparing his cash-strapped city from paying any fines.

"I have no intention of violating Judge Thompson's order if a resolution cannot be reached by Aug. 1," Sanders said.


TOPICS: Crime/Corruption; Government; US: California
KEYWORDS: 9thcircuit; appeal; california; churchandstate; cross; gramsci; judiciary; mountsoledad; mtsoledad; rejects; religion; sandiego; soledad; soledadcross; waronjesus
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To: GarySpFc; NormsRevenge; Jay777
Why the Pledge of Allegiance Matters--Speech by Tom McClintock
21 posted on 06/21/2006 6:00:29 PM PDT by The Spirit Of Allegiance (Public Employees: Honor Your Oaths! Defend the Constitution from Enemies--Foreign and Domestic!)
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To: The Spirit Of Allegiance

You think if they got involved 10 years ago it might have made a difference ?


22 posted on 06/21/2006 6:12:43 PM PDT by RS ("I took the drugs because I liked them and I found excuses to take them, so I'm not weaseling.")
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To: onyx; doodlelady

ping


23 posted on 06/21/2006 6:13:32 PM PDT by SoCalPol (.We Need a Border Fence Now.)
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To: NormsRevenge
9th Circuit rejects San Diego's appeal to keep cross on city land

Bet it was a unanimous ruling by the Court of 9th Circus Schmiels ...

24 posted on 06/21/2006 6:18:38 PM PDT by Babu
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To: RS; EternalVigilance

If more people had been aware of the overall Leftist agendas and how they are inter-related 10 years ago, we wouldn't have as many rascals in robes now.

So, in a word, Yes.

Moving beyond the hypothetical to the practical--we still can impeach judges and remove from Congress those who refuse to obey the Will of The People. We must show that we DO have the will!

Meanwhile check out this keyword: GRAMSCI


25 posted on 06/21/2006 6:19:00 PM PDT by The Spirit Of Allegiance (Public Employees: Honor Your Oaths! Defend the Constitution from Enemies--Foreign and Domestic!)
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To: Hildy
The President is not an omnipotent dictator. There is nothing he can do to "stop" this.

I believe the only recourse at this point is likely the Supreme Court, and they could put a halt to the 9th circus, but it does not seem likely.

Judicial tyranny is a reality in the present day U.S., IMO.
26 posted on 06/21/2006 6:22:54 PM PDT by Pox (If it's a Coward you are searching for, you need look no further than the Democrats.)
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To: sinkspur

It's been said the president can declare the site federal property or a national monument or something like that, which would protect it. I don't know about that but that's what I heard on one of the reports about it.


27 posted on 06/21/2006 6:25:09 PM PDT by rvoitier ("And if talk is cheap anywhere, perhaps it is cheapest, quite frankly, in the Congress." Vitter(R-La)
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To: rvoitier
Obelisks symbolize the Egyptian sun god Ra. In fact, they are meant to embody a ray of sunlight.

Why then is this allowed to stand?

Or are only Christian symbols taboo?

(Rhetorical question, of course.)

28 posted on 06/21/2006 6:35:39 PM PDT by Sam Hill
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To: SoCalPol; doodlelady


I saw this earlier.
What's next?
Has Roger H commented?


29 posted on 06/21/2006 6:35:59 PM PDT by onyx (Deport the trolls --- send them back to DU)
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To: NormsRevenge

I wonder how much money they want for the land. I'll buy it and I can assure them I will take the cross down.


30 posted on 06/21/2006 6:36:55 PM PDT by mhx
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To: NormsRevenge
9th Circuit desecrates US veterans' memorials and graves ~ again and again and again.

Is there no action so brutal and offensive to which these ghouls will not stoop.

31 posted on 06/21/2006 6:45:09 PM PDT by muawiyah (-)
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To: sinkspur

In this case we have a rather offensive and ghoulish court order that's causing nationwide unrest. "W" should act to defuse that unrest simply by rounding up the 9th Circuit judges and their staffs and incarcerating them in the federal records center under Kansas City for the duration of litigation.


32 posted on 06/21/2006 6:46:56 PM PDT by muawiyah (-)
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To: NormsRevenge
What a crying shame. I loved that cross. My folks lived in Del Mar and my brother went to school near there, I think it was Torre Pines High School. It wasn't truly religious to me, more of an icon.

The 9th Circuit have been idiots for years and will be idiots for more years.

33 posted on 06/21/2006 7:17:08 PM PDT by Slip18
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To: The Spirit Of Allegiance

"If more people had been aware of the overall Leftist agendas and how they are inter-related 10 years ago, we wouldn't have as many rascals in robes now. "

You mean 10 years ago when Clinton was President ? These courts were left wing even long before that.

I'm sure the support is welcome, but it's 'way late in coming.


34 posted on 06/21/2006 7:36:44 PM PDT by RS ("I took the drugs because I liked them and I found excuses to take them, so I'm not weaseling.")
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To: NormsRevenge

By the way this CROSS is also a war memorial. This disgusts me to no end.


35 posted on 06/21/2006 7:38:19 PM PDT by dennisw (You shouldn't let other people get your kicks for you - Bob Dylan)
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To: RS

You're right. Let me amend my statement. If more had been aware 15 years ago, X42i wouldn't have been in the Oval Office either....

It's never too soon to clean house...and senate....


36 posted on 06/21/2006 7:41:27 PM PDT by The Spirit Of Allegiance (Public Employees: Honor Your Oaths! Defend the Constitution from Enemies--Foreign and Domestic!)
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To: caisson71
It's time to defy the 9th Circus.

How many Divisons do they have?

37 posted on 06/21/2006 7:42:37 PM PDT by Hunble
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To: NormsRevenge

Would you really expect anything different from the 9th circuit?


38 posted on 06/21/2006 7:43:33 PM PDT by Knitting A Conundrum (Act Justly, Love Mercy, and Walk Humbly With God Micah 6:8)
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To: NormsRevenge

Here is the workaround:

Have the city sell just enough of the land that holds the cross . Now, of course they need to put it up for the highest bidder, but who is going to want to bid a bunch of $ on a dinky little piece of landlocked dirt? Then the VFW or Legion can buy it for a token sum.

Voila! Private property!


39 posted on 06/21/2006 7:47:41 PM PDT by Nik Naym
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To: Hildy
I don't understand...the people voted..it was a landslide. Bush needs to come in and do the sane thing.

You beat me--and I imagine many like-minded others--to it.

Let's see how far his "Compassionate Conservatism" extends. If ever there was a need for an Executive Order, this cries out for it.

40 posted on 06/21/2006 7:52:19 PM PDT by seasoned traditionalist
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