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]
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 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.
Thanks for this ping!!! You are right, there is still hope.
bump
San Diego voters overwhelmingly approved a ballot proposition ..... But a California Superior Court judge found the proposition to be unconstitutional.
So one POS can buy a judge (also a POS) and can inflict their wishes on the the millions? Do I have this right?
Agreed. As a non-Christian, I have no problem with that cross, or other public displays of religion, so long as the First Amendment as it is literally written is upheld.
I have always wondered about some atheists. I can see where a religious person who is weak in their faith might feel the need to avoid other religions, but an atheist? These characters seem to be weak in their lack of faith!
Personally, I'm strong enough in my faith that if I were frog-marched into church every Sunday and forced at gunpoint to recite the Lord's Prayer and sing Old Hundred, it wouldn't change what's in my heart.
"Our Bill of Rights expressly forbids the Establishment of a State Religion, and that includes Atheism."
Excellent! Is that original, and if so, may I quote you?
These are some pretty muddy waters. Also, you left off the second half,
". . . or prohibiting the free exercise thereof."
I see where these "entanglements" can cause problems. One example is the practice of exempting churches from local property taxes as a public service. All well and good- but this puts the State in the untenable position of deciding what is and is not a church. An example might be where a pagan group purchases a plot of land specifically for religious use, but are unable to get the tax exemption since it is not a brick-and-mortar church.
Another trouble spot is allowing clergy to simultaneously perform a civil marriage during the religious ceremony. Makes perfect sense- why make a second trip to see a judge after you've already seen the preacher? But again, this puts the State in the untenable position of deciding who is and is not a clergyperson.
Yes, it is, and I would like everyone to understand it and repeat it.
EXCELLENT
Actually, I think this means a great deal. If Kennedy is on board, its already 5-4 for the good guys.
I would love nothing more than to be proven wrong here, seriously!
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