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megimoo
08-01-2008, 01:12 AM
A federal judge in San Diego says cross stays where it is.

- A federal judge in San Diego says a giant cross that looks over the city from Mount Soledad may stay where it is.

The cross, part of a national veterans’ memorial, has been at the center of a legal battle for 20 years. The cross itself is 29 feet tall, but including the base, it towers 43 above the ground.

“The Court finds the memorial at Mt. Soledad, including its Latin cross, communicates the primarily non-religious messages of military service, death and sacrifice,” Judge Larry Alan Burns wrote. “As such, despite its location on public land, the memorial is Constitutional.”

The ruling noted that unlike Ten Commandments memorials -- which begin with the phrase, ‘I am the Lord thy God’ -- an unadorned cross “issues no commands, instructions, or teachings, nor does it express acknowledgement of anything.”

The court noted that the only verbal elements contained in the memorial are those found in the plaques, bollards and paving stones under the cross -- and no one has challenged those.

“Any exhortation emanating from this passive monument pertains to remembering the veterans who are recognized there,” the ruling said.

According to the Thomas More Law Center, a conservative public interest law firm, the memorial contains more than 2,000 plaques honoring individuals or groups of veterans. Some of the plaques honor Jewish veterans.


http://www.cnsnews.com/public/content/article.aspx?RsrcID=33383

jinxmchue
08-01-2008, 01:29 PM
Good man, that judge. The ACLU will probably appeal to the 9th Circus and this will probably go to SCOTUS.

LogansPapa
08-01-2008, 01:46 PM
Is this the one you can see from the freeway? If so, it’s truly beautiful. Shouldn’t disturbed in any way, shape or form.

noonwitch
08-01-2008, 03:39 PM
Is this the one you can see from the freeway? If so, it’s truly beautiful. Shouldn’t disturbed in any way, shape or form.



Whoever filed the suit would love the lighted, musical fountain in Grand Haven, MI-it plays hymns.

When this case first came out, I posted at DU that whoever filed the suit may have a legal point, but is really just being pissy to take the time and money to litigate over it. More people agreed with me than you might think, but the ones who disagreed were so obnoxious. The were very clear that this was more an issue of their hatred for all things christian, than any kind of legitimate legal objection.

jinxmchue
08-01-2008, 04:20 PM
Now, I could be wrong, but I think the guy who filed the suit against the Mt. Soledad cross died a while back. How could the ACLU continue a case without a plaintiff?

Edit: Yep. Six feet under: http://en.wikipedia.org/wiki/Philip_K._Paulson

jinxmchue
08-01-2008, 04:24 PM
And of course the most recent news has not made it on Wikipedia. Imagine that!

http://en.wikipedia.org/wiki/Mount_Soledad_cross_controversy

Edit: Until I added it, of course.

Elspeth
09-12-2016, 11:18 PM
IT'S OVER!!


http://cdn.sandiegouniontrib.com/img/photos/2014/04/25/UTI1768019_r900x493.jpg?122770e84b36f1c039d5c4c2ca 15c2d8bc4ecd52


Believe it. The Mount Soledad cross case is over.
http://www.sandiegouniontribune.com/news/2016/sep/10/mount-soledad-cross-lawsuit/

Twenty-five years after the towering Mount Soledad cross on San Diego city land in La Jolla was declared unconstitutional, the case has been dismissed by the 9th U.S. Circuit Court of Appeals. The lawsuit ran up and down the federal court system several times and landed in the U.S. Supreme Court twice, but the final settlement agreement should leave everyone satisfied. The religious symbol is no longer on government property following last year’s $1.4 million sale of the land surrounding the cross to the private Mount Soledad Memorial Association, which by condition of the sale must maintain it as a veterans memorial “in perpetuity.”

As one plaintiff’s lawyer who questioned the cross’ constitutionality for two decades said, “We finally got the message through.” As the president of the memorial association said, “It’s a pleasure to be able to operate without the cloud of litigation hovering over the monument.”

Ultimately, it was an anticlimactic end this week to one of San Diego’s longest-running disputes...

Dlr Pyro
09-12-2016, 11:28 PM
Now, I could be wrong, but I think the guy who filed the suit against the Mt. Soledad cross died a while back. How could the ACLU continue a case without a plaintiff?

Edit: Yep. Six feet under: http://en.wikipedia.org/wiki/Philip_K._Paulson

I'm sure he's having a wonderful eternity...

Elspeth
09-12-2016, 11:29 PM
I'm sure he's having a wonderful eternity...

And the case is over. The cross stays!

cadillac shark
09-13-2016, 04:42 AM
I really do think of Vets and their service first, whenever I see pix of the cross. Because it's a standalone. -Not attached to a structure, which could be construed as a 'church'.

noonwitch
09-13-2016, 09:14 AM
I'm sure he's having a wonderful eternity...

Like the old joke about what to engrave on an atheist's headstone: All dressed up and no place to go.

Elspeth
09-13-2016, 10:26 AM
Like the old joke about what to engrave on an atheist's headstone: All dressed up and no place to go.

:biggrin-new: