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Latest decision: Cross can stay (Mount Soledad)
San Diego Union - Tribune ^ | 7/30/08 | Onell R. Soto and Matthew T. Hall

Posted on 07/30/2008 11:56:12 AM PDT by NormsRevenge

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Overview Background: For decades, civil libertarians have battled with defenders of the 43-foot-tall cross atop Mount Soledad, leading to ballot propositions, lawsuits and a takeover by the federal government – all over the issue of whether the display on public land is constitutional.

What's changing: A federal judge ruled yesterday that the cross is more a secular memorial to war veterans than a statement promoting religion. He said the cross can stay on federal land.

The future: Opponents of the cross are considering whether to appeal.

Online: Read the judge's 36-page ruling at uniontrib.com/more/documents.

1 posted on 07/30/2008 11:56:12 AM PDT by NormsRevenge
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Online: Read the judge’s 36-page ruling at uniontrib.com/more/documents.

http://www.uniontrib.com/more/documents


2 posted on 07/30/2008 11:56:59 AM PDT by NormsRevenge (Semper Fi ... Godspeed ... ICE toll-free tip hotline 1-866-DHS-2-ICE ... 9/11 .. Never FoRget!!!)
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2006 file photo / Union-Tribune
A judge says the cross atop Mount Soledad “communicates”
primarily nonreligious messages of military service and sacrifice.
3 posted on 07/30/2008 12:00:24 PM PDT by NormsRevenge (Semper Fi ... Godspeed ... ICE toll-free tip hotline 1-866-DHS-2-ICE ... 9/11 .. Never FoRget!!!)
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To: NormsRevenge
For decades, civil libertarians have battled

These ACLU people are not 'civil libertarians'.

L

4 posted on 07/30/2008 12:07:16 PM PDT by Lurker (Islam is an insane death cult. Any other aspects are PR to get them within throat-cutting range.)
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To: NormsRevenge
Moving to La Jolla this weekend, my wife accepted a teaching position at a school which is just below this cross; I look forward to seeing it again soon.
5 posted on 07/30/2008 12:08:30 PM PDT by SF Republican
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To: NormsRevenge

I can see this being won on appeal in a close decision at the Supreme Court with the pro-cross side winning. If not, simply sell the land to a non-profit veterans group and it becomes private land and the ACLU jerks can go pound sand until it turns to glass.


6 posted on 07/30/2008 12:12:30 PM PDT by MissouriConservative (Never pick a fight with an ugly person; they've got nothing to lose.)
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To: NormsRevenge
“s critics complain it's unconstitutional “

There are no critics - it was one critic that sued. He was an atheist. The people of the city voted many times to keep it and this one guy kept it in the court system. I believe however he recently died and is worm food.

7 posted on 07/30/2008 12:16:30 PM PDT by edcoil
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To: MissouriConservative

This one has been going on for years.

The Godless won’t give up.

fyi

The Judge on this latest go-around.. GW 2003 appointee

Burns, Larry Alan
Born 1954 in Pasadena, CA

Federal Judicial Service:
Judge, U. S. District Court, Southern District of California
Nominated by George W. Bush on May 1, 2003, to a new seat created by 116 Stat. 1758; Confirmed by the Senate on September 24, 2003, and received commission on September 25, 2003.

U.S. Magistrate Judge, U.S. District Court for the Southern District of California, 1997-2003

Education:
Point Loma College, B.A., 1976

University of San Diego School of Law, J.D., 1979

Professional Career:
Deputy district attorney, San Diego County, California, 1979-1985
Assistant U.S. attorney, Southern District of California, 1985-1997

Race or Ethnicity: White

Gender: Male


8 posted on 07/30/2008 12:17:14 PM PDT by NormsRevenge (Semper Fi ... Godspeed ... ICE toll-free tip hotline 1-866-DHS-2-ICE ... 9/11 .. Never FoRget!!!)
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To: edcoil

Paulson died in 2006.

Guess I remembered correctly.


9 posted on 07/30/2008 12:18:04 PM PDT by edcoil
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To: NormsRevenge

suck on that Anti-Christian Lawyers Union.


10 posted on 07/30/2008 12:19:54 PM PDT by Proud_USA_Republican (We're going to take things away from you on behalf of the common good. - Hillary Clinton)
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To: Lurker

They are uncivil haters.


11 posted on 07/30/2008 12:27:49 PM PDT by A_Former_Democrat
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To: SF Republican

Welcome to San Diego. Many fine FReepers here.


12 posted on 07/30/2008 12:30:05 PM PDT by SoCalPol (Don't Blame Me - I Supported Duncan Hunter)
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To: NormsRevenge; zot

Perhaps the next target of the athiests will be the letter “T” since it is in the form of a cross, thus showing making every piece of printed paper a “religious symbol.”

Fear the Cross, Fear the “T” -— and then they can campaign against t-shirts!


13 posted on 07/30/2008 12:31:21 PM PDT by GreyFriar ( 3rd Armored Division - Spearhead)
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To: NormsRevenge

14 posted on 07/30/2008 12:36:07 PM PDT by GalaxieFiveHundred
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To: NormsRevenge
Why is this even in Federal court? The Federal judiciary has NO JURISDICTION over religion in the states. It is a violation of the 1st and 10th Amendments. No state or local official is required to answer or appear at any Federal hearing on the matter.

I am so sick of the surrender to Federal judges. Someone please read the Constitution!

15 posted on 07/30/2008 12:51:55 PM PDT by montag813
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To: montag813
Why is this even in Federal court? The Federal judiciary has NO JURISDICTION over religion in the states.

It was on Federal property. From the text: "That year (2006), Congress passed a law taking the cross and the land on which it sits by eminent domain and giving it to the U.S. Department of Defense."

16 posted on 07/30/2008 1:13:22 PM PDT by GalaxieFiveHundred
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To: NormsRevenge
"The central fact of the case is I lost to a cross,” said David Blair-Loy. "Because I wasn't good enough...Bawwwwwwwwwwwwwwww."

Cheer up David, I'll bet your great-grand-children will enjoy it.

17 posted on 07/30/2008 1:50:39 PM PDT by StAnDeliver
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To: NormsRevenge

LiMandri is a jerk.


18 posted on 07/30/2008 1:54:23 PM PDT by newzjunkey (Racist, Charismatic Leader Promises Hope, Change and Socialism? USA, 2008 or Germany, 1932?)
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To: MissouriConservative
If not, simply sell the land to a non-profit veterans group and it becomes private land and the ACLU jerks can go pound sand until it turns to glass.

If I recall correctly, that was tried. The courts blocked the sale of the land.
19 posted on 07/30/2008 2:01:33 PM PDT by fr_freak
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To: SF Republican
Moving to La Jolla this weekend,...

Who will defend us normal Bay Area/SF folks from ad hominem attacks on FR?

20 posted on 07/30/2008 3:58:19 PM PDT by GSWarrior
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