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Appeals Court Rules Calif. Public Park Cross Unconstitutional
CBS News ^ | January 4, 2011

Posted on 01/04/2011 2:12:01 PM PST by Pinkbell

SAN DIEGO (AP) — A federal appeals court has ruled that a San Diego war memorial cross in a public park is unconstitutional.

The 9th U.S. Circuit Court of Appeals issued the 3-0 decision Tuesday in a two-decade dispute over the cross at Mount Soledad.

In its decision, the court says the cross conveys a message of government endorsement of religion that violates the Constitution.

(Excerpt) Read more at sacramento.cbslocal.com ...


TOPICS: Constitution/Conservatism; Culture/Society; Front Page News; News/Current Events; US: California
KEYWORDS: 9thcircus; california; cross; mountsoledad; mtsoledad

1 posted on 01/04/2011 2:12:06 PM PST by Pinkbell
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To: Pinkbell

Can’t say what I want to say....


2 posted on 01/04/2011 2:12:58 PM PST by goodnesswins (You deciding how to spend your health care $, thatÂ’s freedom. Govt deciding, thats a death panel)
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To: Pinkbell

They need to be slapped down by the SCOTUS. This ain’t over.


3 posted on 01/04/2011 2:13:59 PM PST by goldstategop (In Memory Of A Dearly Beloved Friend Who Lives In My Heart Forever)
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To: Pinkbell
Ohhh... The suckers... OOoohhhh...

How is it you use to call it?

Ninth Circus? Is it?

4 posted on 01/04/2011 2:15:24 PM PST by Mayr Fortuna
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To: Pinkbell
Preamble - California State Constitution

We, the People of the State of California, grateful to Almighty God for our freedom, in order to secure and perpetuate its blessings, do establish this Constitution.


5 posted on 01/04/2011 2:16:25 PM PST by Hoodat (Yet in all these things we are more than conquerors through Him who loved us. - (Rom 8:37))
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To: Hoodat

It looks like they tossed the real Constitution out in favor of the liberal constitution of secular humanism.


6 posted on 01/04/2011 2:18:36 PM PST by Pinkbell
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To: Pinkbell
Too bad these three “geniuses” didn't have to spend a little bit of “foxhole” time...they might have a different twist on “religion.”
7 posted on 01/04/2011 2:20:28 PM PST by jennings2004 (Sarah Palin: "The bright light at the end of a very dark tunnel!")
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To: Pinkbell

Adapt lefty tactics. After “they” take down a cross, have a group install another one (make it cheap, ‘cuz we’re gonna do this N times where N is a large number).

After the commies take that one down, do it again, and again, and again.


8 posted on 01/04/2011 2:29:50 PM PST by Da Coyote
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To: Pinkbell

Judges on the panel are Pregerson (Carter appointee), McKeown (Clinton) and Paez (Clinton).

Opinion is here: http://www.ca9.uscourts.gov/datastore/opinions/2011/01/04/08-56415.pdf


9 posted on 01/04/2011 2:53:01 PM PST by pogo101
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To: Pinkbell
In its decision, the court says the cross conveys a message of government endorsement of religion that violates the Constitution.

The Constitution does not forbid a government endorsement of religion.

10 posted on 01/04/2011 3:15:14 PM PST by savedbygrace (But God.)
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To: Pinkbell

ON to the Supremes.....


11 posted on 01/04/2011 3:19:20 PM PST by happygrl
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To: happygrl

The public land should be sold.

As should most of the land that there are buyers for.

Where in the constitution does it say our government shall hoard land?


12 posted on 01/04/2011 3:54:06 PM PST by BookaT (My cat's breath smells like cat food!)
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To: Pinkbell

When is the ACLU going to sue the City of San Francisco for the large statue of Budha in the Japanese Tea Gardens in the city’s Golden Gate Park? That is as much a religious symbol as any cross. I’m not holding my breath waiting.

The hypocrisy is deafening.


13 posted on 01/04/2011 4:07:01 PM PST by Freedom_Is_Not_Free (We be Fooked.)
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To: Pinkbell

Federal courts have no jurisdiction over states on matters of religion. San Diego can simply invoke the 1st and 10th amendments and ignore it.


14 posted on 01/04/2011 4:07:42 PM PST by montag813 (http://www.facebook.com/StandWithArizona)
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To: Pinkbell

Federal courts have no jurisdiction over states on matters of religion. San Diego can simply invoke the 1st and 10th amendments and ignore it.


15 posted on 01/04/2011 4:07:58 PM PST by montag813 (http://www.facebook.com/StandWithArizona)
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To: BookaT
They tried selling it at auction. Judges have shot those auctions down. Congress condemned the property and seized it for the national park service during W's administration.

After 20 years of litigation, it's clear there is no solution liberals will except short of destruction of the cross itself.

16 posted on 01/04/2011 6:02:22 PM PST by newzjunkey
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To: AdmSmith; AnonymousConservative; Arthur Wildfire! March; Berosus; bigheadfred; ColdOne; ...

additional:
http://www.freerepublic.com/focus/news/2651544/posts


17 posted on 01/04/2011 7:08:28 PM PST by SunkenCiv (The 2nd Amendment follows right behind the 1st because some people are hard of hearing.)
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To: Pinkbell

Form a human barricade around it if and when they come for it.


18 posted on 01/04/2011 9:10:39 PM PST by ratsreek
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To: Pinkbell

I thought all this was over and the cross stays...

What did I miss?


19 posted on 01/05/2011 12:08:52 AM PST by fwdude (Anita Bryant was right.)
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