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.
The inanimate object of a cross does not say it establishes one religion over another.This is just the twisted interpretation of a God hating judge.The founding fathers said this country was founded on judaeo/ christian principles so therefore it is perfectly correct for the government to promote religion.The government collects taxes from religious people and spends it on government things and religious people vote so in reality,you cannot have a seperation of church and state.
> How in the heck can that be unconstitutional?
From...
http://www.signonsandiego.com/uniontrib/20051008/news_7m8soledad.html
'She added that the city's attempt to "go so far as to transfer away valuable land for no compensation for the purpose of saving the cross is also an unconstitutional aid to the Christian religion," violating the state constitution.'
Amazing, isn't it?
That's great news! Kennedy huh, isn't he supposedly the new Sandra Day O'Connor bad boy swing justice though. His decision just doesn't fit with the liberal agenda.
NEWS ALERTSupreme Court Asked To Stay Lower Court Order To Remove the Mt. Soledad Cross
ANN ARBOR, MI – The Thomas More Law Center, this morning, filed an emergency application in the U.S. Supreme Court asking Associate Justice Anthony M. Kennedy to stay a lower federal court decision that orders the City of San Diego to remove the Mt. Soledad Cross by August 1st or face fines of $5,000 a day thereafter. The City has indicated that unless the legal situation changes, it will comply with the lower court order to remove the cross and will begin plans to implement that order beginning in the first week of July.
The Thomas More Law Center, a national public interest law firm based in Ann Arbor, Michigan, filed the emergency application for stay on behalf of San Diegans for the Mt. Soledad National War Memorial, the organization that spearheaded the highly successful referendary petition drive that resulted in the City Council repealing its March 8, 2005 vote not to transfer the memorial property to the federal government.
Richard Thompson, President and Chief Counsel for the Law Center commented, “The legislative actions of area Congressmen and the grass roots efforts of San Diegans for the Mt. Soledad National War Memorial have kept the cross atop Mt. Soledad. We are now, however, at a critical stage, and time is running out.”
The Law Center’s emergency application explained that this case presents a serious question regarding the place of religious symbols in the public life of our nation.
The Law Center argued, “Removing the memorial cross, which has been displayed continuously in its present location since 1954, would destroy the integrity of the Veterans Memorial, undermine the state court proceeding, and cause irreparable harm to Applicant, the citizens of San Diego, and the many family members, friends, and comrades of the nearly two thousand veterans who are honored by this memorial for their sacrificial service to this country. It would be a national tragedy to tear down the memorial cross, which is scheduled to occur on or before August 1, 2006, absent a stay.”
Charles LiMandri, the West Coast Regional Director for the Thomas More Law Center, commented, “The Mt. Soledad Cross and Memorial represents the sacrifices our veterans and their families have made and the gratitude that we, as a community and a nation, have for them. They fought hard for our freedoms. We will fight hard to preserve them.”
In addition to the emergency application to the Supreme Court, the Law Center is also involved in appeals to the federal Ninth Circuit Court of Appeals and the California Court of Appeals, to save the cross.
On Monday evening U.S. Congressman Duncan Hunter introduced House Bill 5683, which mandates the federal government take over the memorial and transfer it to the Defense department.
Representative Darrell Issa and newly elected Representative Brian Bilbray are co-sponsors of that legislation. However, it will be a difficult undertaking to move the bill through both the House of Representatives and the Senate for signature of the President before the August 1st deadline.
In addition to the numerous legal steps the Law Center is taking to prevent removal of the memorial cross by August 1st, the Law Center is also asking all Americans to join in the effort to urge President Bush to immediately use the federal powers of eminent domain to take the land on which the cross and memorial sit by signing a petition to the President contained on its website at: http://www.thomasmore.org/
Explained Thompson, “Our legal team is pursuing every possible legal option to save the Mt. Soledad Cross, including an appeal to President Bush and Congress to take the land under the federal powers of eminent domain. Our veterans deserve it.”
"If we are not governed by God's laws, then we will be rules by tyrants". William Penn (1644-1718)
Good job, Kennedy! If folks will remember the 10 Commandments case last term, Kennedy was on the side of the good guys in that one. Although he's very much against religion in schools, he seems to be far more accepting of religious symbols on public property than Sandra ever was.
I shouldn't be astonished that a judge exhibited such pathetic poor reasoning ability, but I am.
"I bet Roger Hedgecock is pleased....he always talks about this case when he sits in for Rush...."
Roger has his own show at 3:00pm PST, on KOGO 600am (San Diego). If someone can post a link at the appropriate time that would be helpful.
Good point! A REAL wall a separation of church and state would exempt Christian's from paying taxes to the government. lol
The fight isn't over yet but this makes my day.
I think it would good reporting and in the interest of the American people if someone were to collect and report facts about the NYT such as passwords, security camera locations, bank account numbers, officers salaries, who is sleeping with who and such.
OOps wrong topic.
Hope is still alive!
Islam and the Church of Atheism have so much in common. They just love destroying other religion's symbols.
I wish everyone could visit the vet memorial on Mt. Soledad.
The view alone is worth it ~ takes your breath away.
The tribute to the vets is awe inspiring ~ Hedgecock has broadcast his show from up there.
I hope this will be such a resounding victory that Paulsen and gang will be sorry they ever complained about the cross being "annoying."
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