President George Bush is scheduled to sign into law his support for the Mount Soledad Cross on Tuesday, Aug.14.
The President will ratify the bill passed by the U.S. Senate and House of Representatives to transfer the memorial to the federal government in an effort “to protect and preserve” the 29-foot cross.
While the federal government will have jurisdiction over the memorial, the Mount Soledad Memorial Association will continue to maintain the plaque walls circling the emblem.
The law could potentially break the 16-year-old battle, according to attorney Charles LiMandri, who is defending the city. The cross will no longer be bound by the California constitution, making the state court rulings moot. Either the federal government will join the litigation or the case will be dismissed, and the plaintiff will have to refile the case in federal courts, LiMandri said.
If the issue is brought before federal courts, there’s a greater chance the U.S. Supreme Court will hear the case, according to LiMandri.
“The entire country has weighed in on this and have pretty much spoken with one loud, clear voice,” LiMandri said. “Politically, it’s certainly a done deal, and legally, for all intents and purposes, it is as well.”
The plaintiff’s lawyer did not return calls seeking comment.
Bill Kellogg, president of the Mount Soledad Memorial Association, praised the bill for bringing national recognition to the plaques but is anxious to know under what terms the association will operate.
Kellogg is also curious to see if the federal government will reimburse the association for the land. The organization bought the parcel of land under the cross for $106,000 in 1998. Even though the court technically invalidated the sale, in reality the association still holds the deed ” and the city still holds its money.
On July 19, the U.S. House of Representatives introduced the bill, which the Senate passed on Aug. 1. It was co-sponsored by Congressmen Duncan Hunter (R-Alpine), Darrell Issa (R-49th District) and Brian Bilbray, representative for the 50th District that includes Mount Soledad.
California Sens. Dianne Feinstein and Barbara Boxer, both Democrats, sought to move the bill by unanimous consent through the Senate. Sens. Jeff Sessions (R-Ala.), John McCain (R-Ariz.) and Lindsey Graham (R-S.C.) had also introduced similar legislation.
“Their widespread support of this legislation reaffirms the need to preserve the war memorial for those who defended and protected us,” Bilbray said.
Philip Paulson sued the city in 1991 over the constitutionality of the Mount Soledad Cross on city property. U.S. District Judge Gordon Thompson Jr. ruled in favor of the plaintiff in 1991.
Since that time, the city has unsuccessfully attempted to sell the property three times. Prop A, which proposed transferring the cross to the federal government, was passed by popular vote in November 2005 but was struck down as unconstitutional by the San Diego Superior Court. Appeals are pending before California’s Fourth Appellate Court concerning Proposition A. and the Ninth Circuit Court of Appeals concerning Thompson’s ruling.