Kindof like this!!
Posted on 07/27/2005 6:34:55 PM PDT by CHARLITE
With the majority of precincts reporting, San Diegans voted overwhelmingly yesterday to transfer the historic Mount Soledad cross site to the federal government. The site contains a 43-foot concrete cross that has been at the center of the controversy since a 1989 lawsuit.
The city-owned land has long been recognized locally as a war memorial. Surrounding the cross are more than 1,600 plaques commemorating military veterans who have participated in the defense of America. By attaching an amendment to a military appropriations bill last November, area congressmen Duncan Hunter and Randy "Duke" Cunningham provided a way where a federal transfer of the site could occur, provided the city would allow such a move.
The vote on Tuesday (July 26) -- in which more than 75 percent of voters chose to transfer the property to the federal government as a national war memorial -- sent a clear message that the public supports the move.
In 1989 attorney James McElroy, representing atheist Philip Paulson, sued the City of San Diego for maintaining a religious symbol on public property. McElroy made it clear before yesterday's vote that he intends to continue challenging the case in court. "This will be resolved in the courtroom where it deserves to be resolved -- and not in front of the voters," McElroy told the North County Times.
And referring to Tuesday's vote, the atheist's lawyer -- who has ties to the American Civil Liberties Union -- told the San Diego Union-Tribune: "It still doesn't mean a d**n thing. Voters should have never voted on it." Opponents of the atheists have referred to McElroy and his client as "the intolerant few."
While transfer of the war memorial to the federal government has been decidedly approved by the public, it is clear the matter is headed back to the courts. Richard Thompson of the Thomas More Law Center, which provided legal analysis in earlier related court battles, confirms that.
"This is a tremendous victory in an important battle," Thompson say, "but the are is not over. The other side has not surrendered; court battles over the cross continue."
Charles LiMandri, another attorney with the Law Center, expects the legal battle to continue for years to come. "This is going to be going on past our lifetimes," he told the Union-Tribune. "This culture ware isn't going to end .... We see this as a bigger battle. We're fighting for the minds, hearts, and souls of America.
According to the Law Center, two court dates are scheduled within the next month: August 12, when a state Superior Court judge will hear arguments on the constitutionality of Tuesday's ballot measure; and August 15, when arguments over the cross will be heard before a federal judge.
Following yesterday's vote, representatives of the group San Diegans for the Mount Soledad War Memorial indicated that the large super-majority vote should send a strong message to any judge who hears McElroy's challenge in court.
,b>James L. Lambert, a frequent contributor to AgapePress, is the author of "Porn in America" (Huntington House), which can be purchased through the American Family Association. He is a licensed real-estate mortgage loan sales agent and can be contacted through his website.
It doesn't matter. A Clinton appointee will rule the ballot measure was unconstitutional and void the will of the people. Then the ACLU and the atheist who started the whole mess will win their case in front of another Clinton appointee and the Park Service will be ordered to tear the cross down.
It's a shame. I've visited the cross many, many times during my residency in San Diego. It's a beautiful thing to see.
I don't see how this will solve the problem. What stops the ACLU from simply taking attacking the Feds if it's transferred to them?
They should simply sale the land to a private entity.
"the atheist's lawyer -- who has ties to the American Civil Liberties Union -- told the San Diego Union-Tribune: "It still doesn't mean a d**n thing. Voters should have never voted on it."
Here I was thinking that voting WAS a civil liberty.
"This will be resolved in the courtroom where it deserves to be resolved -- and not in front of the voters,"
This is the kind of statement that makes me wonder if we aren't perilously close to Civil War II. The last thing this guy needs to be doing is telling people their voice is irrelevant in this "democracy".
Me, too, Buckeye. It's a lovely location; great place to visit and just walk around calmly. I think that with a 75% vote, the single atheist who began this whole cherade isn't going to get very far. He should quit and go eat worms.
Char :)
did the felons get to vote on this?
Deport Philip Paulson.
Napoleon A. Jones, Jr. United States District Court for the Southern District of California San Diego, California Born: Hodge, Louisiana-August 25, 1940 Education: San Diego State University (A.B. 1962, M.S.W. 1967); University of San Diego School of Law (J.D. 1971) where he was a member of the San Diego Law Review. Judge Jones was appointed to the United States District Court for the Southern District of California by President Clinton.
I have no inside knowledge but it would not surprise me if some judge overturns the election and orders the monument to be destroyed. It would be something like, it is midnight and the judge overturns the election results and orders the monument destroyed and a minute after midnight a wrecking crew (that just happens to be at the monument, nudge, nudge, wink, wink) starts destroying the monument. The monument is gone before any mere citizen notices. Maybe this is paranoid, but this is how I see some Stalinist judge acting.
A win for the good guys.
I was pleased to hear the coverage Rick Roberts gave this story in his guest stint on the Michael Savage Show. Sean Hannity mentioned it, too.
This was a great effort with a vacation-time election date and the court's requirement of a super-majority.
Glad to hear of this happening in California!!
There is no way this would happen because Mt.Soledad is in the middle of a very upscale residential area (La Jolla) to which NO wrecking crew can get to stealthly!
Also, August 15, when arguments over the cross will be heard before a federal judge, is a very holy day in the Cathoilc Church: the Assumption of the Blessed Virgin Mary. I wonder what the outcome will be...
The party who brought the suit to remove and the courts which abetted the removal win the Madelaine Murray O'Hair Karma Award.
Thanks for mentioning this. I meant to say this, but got sidetracked. I heard Roger come on the air. He was ELATED!! This was his first, "out-of-the-box" subject! He did a terrific show today. Rush would be very pleased with it!
Thanks for adding such an important point to this thread, Phil!
Char :)
Fine. And then maybe, just maybe, the people will take matters into their own hands and (nod, nod, wink, wink) send a "message" to said judge that the people rule.
And that's not advocating violence. It's sending a simple message that the people rule and will no longer tolerate judicial facism. It's like "High Noon"...will it take the one brave man to stand up to wrong while everyone else sits on their butts?
I hope though people will not grow slack in their prayers or vigilance on this.
Isn't it time we turn the tables on the ACLU and sue them for violating our civil rights. Can't we have a class action suit and get them on RICO with all the others they meet with in back rooms figuring out how they can kill the Christian voice in this country? Just a thought...
LOL, HER karma came to a very bad end!!!!
She really lost her head.
Kindof like this!!
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.