Keyword: mountsoledad
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The following article was written by Robert Knight and posted on October 22nd on the American Thinker website. If you didn’t hear about this last month, it’s for good reason. The media do not like publicizing defeats for the American Civil Liberties Union (ACLU). A 27-year battle with the ACLU over the Mt. Soledad mountaintop cross at a Korean War veterans memorial in San Diego ended in a victory for American heritage. The Ninth U.S. Circuit Court of Appeals issued a one-page ruling calling the case moot on Sept. 8 and directing U.S. district judge Lawrence Byrne to dismiss it,...
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However, legal questions still linger in the much-debated case After more than 25 years of lawsuits and court rulings about the cross on San Diego’s Mount Soledad Veterans Memorial, the recent sale of a plot of land under the cross may be the final solution to the quarter-century church-and-state conflict. Documents confirm the title for the half-acre plot of land beneath the Mount Soledad cross was transferred from the federal Department of Defense to the Mount Soledad Memorial Association on July 17 for $1.4 million. Bruce Bailey, president of the Mount Soledad Memorial Association, also confirmed the deal is...
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Wow, hard to believe Eric Holder and Obama are coming to the defense of this cross at a San Diego war memorial! http://americanmilitarynews.com/2014/04/department-justice-defends-war-memorial-cross-appeals-court-decision/
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<p>The Justice Department says a 29-foot war memorial cross on a San Diego mountain is not an unconstitutional promotion of Christianity and should remain on federal property.</p>
<p>The Obama administration said an appeals court ruling declaring the cross on Mount Soledad a violation of the constitutional separation of church and state undermined an act of Congress and conflicted with recent Supreme Court decisions.</p>
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Duncan Hunter legislation would transfer control of cross and site to Mount Soledad Memorial Association A bill directing the Pentagon to transfer the Mount Soledad Veterans Memorial and its controversial cross out of the hands of the federal government was introduced in the House of Representatives Friday by Rep. Duncan Hunter. The Alpine Republican's bill would place the nation’s oldest Korean War memorial under the sole control of the Mount Soledad Memorial Association and keep the cross in place. The Mount Soledad Veterans Memorial Preservation Act specifically orders the Secretary of Defense to cede all rights, title and interest in...
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A cross atop Mount Soledad in California is an unconstitutional religious display on government land and must come down, a federal judge in San Diego ruled late Thursday. U.S. District Judge Larry Burns ordered the cross, which honors veterans, must be removed within 90 days -- a decision that could result in the case being sent back to the U.S. Supreme Court. Burns immediately stayed his order pending an expected appeal.
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Several Republican lawmakers are urging a federal district court in California to block the removal of a war memorial cross in a San Diego public park that was declared unconstitutional in 2011. "We're urging the court to permit a private organization to obtain and operate the war memorial – a remedy that would remove any constitutional questions and protect this longstanding tribute to our men and women in uniform," Sekulow said in a statement. The legal fight over the Mount Soledad cross began in 1989 when atheist Philip Paulson sued the city of San Diego.
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Supreme Court justice Clarence Thomas denounced his colleagues’ decision not to hear a case that would have allowed them to establish a clear standard for judging religious displays on government property. “Today the Court rejects an opportunity to provide clarity to an Establishment Clause jurisprudence in shambles,” Thomas said in an Oct. 31 dissent. He explained that the Supreme Court’s disjointed “jurisprudence has confounded the lower courts and rendered the constitutionality of displays of religious imagery on government property anyone’s guess.” Thomas’ dissenting opinion responded to the court’s decision to reject consideration of a prohibition on crosses placed along the...
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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.
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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.
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This past week the Thomas More Law Center won the latest round against the ACLU in a twenty year legal battle to remove a large cross which stands atop a National memorial cemetery in San Diego. The ruling judge - Larry Alan Burns - wrote: “The Court finds the memorial at Mt. Soledad, including its Latin cross, communicates the primarily non-religious messages of military service, death and sacrifice. As such, despite its location on public land, the memorial is Constitutional.” Assessing the temporal nature of the victory, Richard Thompson from Thomas More said: Sadly, I fully expect the ACLU attorneys...
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The giant cross atop Mount Soledad can stay, a federal judge ruled yesterday. The La Jolla landmark has been the subject of nearly 20 years of litigation, public votes and legislative maneuvers as critics complain it's unconstitutional to have a religious symbol on public land. But yesterday, U.S. District Judge Larry Burns said the cross – visible for miles – has become a memorial to veterans, and its secular message outweighs any religious meaning. “The Court finds the memorial at Mt. Soledad, including its Latin cross, communicates the primarily non-religious messages of military service, death, and sacrifice,” Burns wrote. As...
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The giant cross atop Mount Soledad can stay, a federal judge ruled yesterday. The La Jolla landmark has been the subject of nearly 20 years of litigation, public votes and legislative maneuvers as critics complain it's unconstitutional to have a religious symbol on public land. But yesterday, U.S. District Judge Larry Burns said the cross – visible for miles – has become a memorial to veterans, and its secular message outweighs any religious meaning. “The Court finds the memorial at Mt. Soledad, including its Latin cross, communicates the primarily non-religious messages of military service, death, and sacrifice,” Burns wrote. As...
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ANN ARBOR, MI – The California Supreme Court, yesterday, affirmed the precedent-setting decision of a California appellate court, which upheld the right of the people of San Diego to transfer the Mt. Soledad veterans memorial and cross to the federal government. At the same time, the Court denied the ACLU’s attempt to prevent the publication of the lower court decision favorable to the cross and veterans memorial. The ACLU was seeking to have the decision suppressed so that it would not be used against them in future lawsuits.
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SAN DIEGO -- The U.S. Senate voted by unanimous consent Tuesday to acquire a concrete cross in San Diego and the municipal park around it to protect the embattled monument from being taken down.
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SAN DIEGO -- Ronald Reagan had just left office, the Christian Coalition was new, "values" had yet to become a buzzword of American politics and six of the current U.S. Supreme Court justices had other jobs when an atheist sued the city of San Diego for permitting a giant cross in a public park. Seventeen years later, the 29-foot concrete monument still crowns a hill over the Pacific, defended by the city's voters and members of Congress. Now the Supreme Court has stepped in, and the case of the Mount Soledad cross could help determine under what circumstances religious symbols...
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Six of the current Supreme Court justices had other jobs when an atheist sued this city for permitting a giant cross in a public park. Ronald Reagan was president, the Christian Coalition was new and "values" had yet to become a buzzword of American politics. Seventeen years of legal wrangling later, the 29-foot monument still crowns a hill over the Pacific - defended by city ballot measures, federal legislation and even one congressman's appeal for presidential intervention. Now the Supreme Court has weighed in, and the case of the Mount Soledad cross may set a precedent on whether the government...
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U.S. Supreme Court Justice Anthony Kennedy ordered Friday that his temporary stay protecting the Mount Soledad cross extend until state and federal courts can hear the city of San Diego's appeal this fall. In blocking a federal judge's order that the city remove the cross by Aug. 1 or face a daily fine of $5,000, Kennedy also indicated that the full court may want to review the controversial case. Kennedy said the court, which refused three years ago to get involved in the dispute, may consider it because of two new factors favorable to cross proponents. He cited legislation to...
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The city will petition the U.S. Supreme Court in a drive to exhaust every legal avenue before removing a giant concrete cross from public property on Aug. 1, the city attorney said Thursday. The city will ask the high court to review Wednesday's decision by a 9th U.S. Circuit Court of Appeals panel to turn down the city's request to stay a federal court decision against the cross. U.S. District Court Judge Gordon Thompson Jr. found in May that the city was demonstrating an unconstitutional endorsement of one religion over others by maintaining the 29-foot cross in a municipal hilltop...
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SAN DIEGO A three-judge federal panel on Wednesday rejected a last-ditch appeal by the city of San Diego to keep a giant cross standing on city property after a 17-year legal tussle. The city is under federal court order to move the 29-foot-tall cross from a La Jolla hilltop before Aug. 2 or face $5,000 daily fines. The failed appeal to the 9th U.S. Circuit Court of Appeals was intended to stay that order and allow the cross to remain standing until appeals currently pending in state courts can be heard. City Attorney Michael Aguirre said that Wednesday's ruling, issued...
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