• en_US
  • es_MX
  • About Us
Saturday, December 13, 2025
No Result
View All Result

  • Top Stories
  • News
  • Features
  • Opinion
  • Education
  • Arts Entertainment
  • Sports
  • Business Directory
  • Expert Advice
  • Real Estate
  • Top Stories
  • News
  • Features
  • Opinion
  • Education
  • Arts Entertainment
  • Sports
  • Business Directory
  • Expert Advice
  • Real Estate
  • Top Stories
  • News
  • Features
  • Opinion
  • Education
  • Arts Entertainment
  • Sports
  • Business Directory
  • Expert Advice
  • Real Estate
  • Top Stories
  • News
  • Features
  • Opinion
  • Education
  • Arts Entertainment
  • Sports
  • Business Directory
  • Expert Advice
  • Real Estate
  • Top Stories
  • News
  • Features
  • Opinion
  • Education
  • Arts Entertainment
  • Sports
  • Business Directory
  • Expert Advice
  • Real Estate
  • Top Stories
  • News
  • Features
  • Opinion
  • Education
  • Arts Entertainment
  • Sports
  • Business Directory
  • Expert Advice
  • Real Estate
  • Top Stories
  • News
  • Features
  • Opinion
  • Education
  • Arts Entertainment
  • Sports
  • Business Directory
  • Expert Advice
  • Real Estate
  • Top Stories
  • News
  • Features
  • Opinion
  • Education
  • Arts Entertainment
  • Sports
  • Business Directory
  • Expert Advice
  • Real Estate
  • Top Stories
  • News
  • Features
  • Opinion
  • Education
  • Arts Entertainment
  • Sports
  • Business Directory
  • Expert Advice
  • Real Estate
  • Publications
  • Business Directory
  • About Us
  • Contact Us
  • Staff Writers
  • Subscriptions/Support
  • Top Stories
  • News
  • Features
  • Opinion
  • Education
  • Art & Entertainment
  • Sports
  • Business Directory
  • Expert Advice
  • Real Estate
  • Top Stories
  • News
  • Features
  • Opinion
  • Education
  • Art & Entertainment
  • Sports
  • Business Directory
  • Expert Advice
  • Real Estate
  • Top Stories
  • News
  • Features
  • Opinion
  • Education
  • Art & Entertainment
  • Sports
  • Business Directory
  • Expert Advice
  • Real Estate
  • Top Stories
  • News
  • Features
  • Opinion
  • Education
  • Art & Entertainment
  • Sports
  • Business Directory
  • Expert Advice
  • Real Estate
  • Top Stories
  • News
  • Features
  • Opinion
  • Education
  • Art & Entertainment
  • Sports
  • Business Directory
  • Expert Advice
  • Real Estate
  • Top Stories
  • News
  • Features
  • Opinion
  • Education
  • Art & Entertainment
  • Sports
  • Business Directory
  • Expert Advice
  • Real Estate
  • Top Stories
  • News
  • Features
  • Opinion
  • Education
  • Art & Entertainment
  • Sports
  • Business Directory
  • Expert Advice
  • Real Estate
  • Top Stories
  • News
  • Features
  • Opinion
  • Education
  • Art & Entertainment
  • Sports
  • Business Directory
  • Expert Advice
  • Real Estate
  • Top Stories
  • News
  • Features
  • Opinion
  • Education
  • Art & Entertainment
  • Sports
  • Business Directory
  • Expert Advice
  • Real Estate
  • Report News
SDNews.com
Home Beach & Bay Press

Mount Soledad cross controversy continues; no end yet in sight

Tech by Tech
July 9, 2014
in Beach & Bay Press, News
Reading Time: 2 mins read
0 0
A A
0
Mount Soledad cross controversy continues; no end yet in sight
0
SHARES
54
VIEWS
Mount Soledad cross controversy continues; no end yet in sight

The U.S. Supreme Court’s recent decision not to hear arguments for and against the Mount Soledad Veterans Memorial cross being an endorsement of religion means the matter now returns to the Ninth Circuit Court of Appeals, which has previously ruled the cross violates the constitutional separation of church and state and must be removed.
It was the second time the highest court in the nation declined to hear the case, which Justice Samuel Alito said “must go through the Ninth Circuit Court of Appeals before the High Court can step in.”
In the most recent developments, U.S. District Judge Larry Burns in December 2013 ordered that the Soledad cross be removed within 90 days, but stayed the order pending a forthcoming appeal by the government.
On June 30, the Supreme Court denied hearing the case, with Alito saying it was not yet warranted because the appeal of Burns’ order has not yet been heard by the Court of Appeals.
The 43-foot-tall Mount Soledad Cross, erected on public land in San Diego in 1954 to honor Korean War veterans, has since become the centerpiece of an all-encompassing veterans memorial now owned by the federal government.
The legality of the Soledad cross has been in question since 1989, when U.S. Army Vietnam War combat veteran Philip Paulson, an atheist, became the lead plaintiff in a series of lawsuits seeking to remove the cross from the mountaintop, arguing its presence constitutes an illegal public endorsement of one religion over others.
Paulson died of cancer in 2006, but the legal battle he began 25 years ago continues to rage.
Reacting to the Supreme Court’s June 30 decision, the plaintiff’s attorney, James McElroy, hailed the decision as the right choice.
“The Mount Soledad Memorial Association (MSMA) had asked the Supreme Court to do something extraordinary, which was to take the case before the Ninth Circuit Court rendered its decision,” said McElroy. “The judge had not ordered the cross removed immediately, but ordered a stay until the appeal was finished,” he continued. “There was no emergency. The cross wasn’t coming down at midnight.”
Charles Berwanger, an attorney for MSMA, said that while the cross issue is now back with the Ninth Circuit, that court “should not revisit the establishment clause,” which is one of several pronouncements in the First Amendment of the Constitution.
That clause states: “Congress shall make no law respecting an establishment of religion.”
But Berwanger said, “Attorneys could get creative trying to get around that rule.”
Berwanger added it’s possible that, once the Soledad case is finally settled by the Ninth Circuit, that proponents of the cross could petition the U.S. Supreme Court to hear the case yet again.
And, undoubtedly, this latest wrinkle in the Mount Soledad cross constitutionality case is going to take even more time, said Berwanger.
“I expect it could take a couple more years — at least — in the court system,” he said.
McElroy agreed the decision will not come overnight.
“It will take at least six months,” he said.
McElroy said plaintiffs are adhering to their legal stance regarding the status of the Mt. Soledad cross.
“[The cross] is a 40-foot behemoth, not a small symbol or a regular part of a veterans memorial,” he said. “It’s the symbol that government has chosen that predominates over everything else.”

Previous Post

Midway Bluff repairs, water conservation, picnic discussed at Bird Rock parley

Next Post

Things you didn’t know: The numbers add up for one La Jolla art gallery owner

Tech

Tech

Related Posts

A red wood gavel
News

Murder trial for North Park stabbing moves forward

by Neal Putnam
May 7, 2023
sdsu housing
Mission Valley News - News

Developer selected for first affordable housing project at SDSU Mission Valley

by SDNEWS Staff
April 12, 2023
balboapark
Downtown News

April news briefs from in and around San Diego

by SDNEWS Staff
April 11, 2023
Mount Soledad cross controversy continues; no end yet in sight
Downtown News

Town hall: America’s largest landlord raises rent, evicts tenants in SD

by Juri Kim
April 10, 2023
Mount Soledad cross controversy continues; no end yet in sight
Downtown News

Traffic safety campaign launches with posters at intersections where people died

by Juri Kim
April 7, 2023
Mount Soledad cross controversy continues; no end yet in sight
Downtown News

Local chapter of “Banking on Our Future” protest big banks’ fossil fuel ties

by Juri Kim
April 5, 2023
Mount Soledad cross controversy continues; no end yet in sight
News

Two rare Amur leopards born at zoo

by SDNEWS Staff
March 28, 2023
Mount Soledad cross controversy continues; no end yet in sight
News

Community planning groups now required to meet in person

by Dave Schwab
March 8, 2023
Next Post
Mount Soledad cross controversy continues; no end yet in sight

Things you didn't know: The numbers add up for one La Jolla art gallery owner

[adinserter block="1"]
  • Business Directory
  • About Us
  • Contact Us
  • Staff Writers
  • Subscriptions/Support
  • Publications
  • Report News

CONNECT + SHARE

© Copyright 2023 SDNews.com Privacy Policy

Welcome Back!

Login to your account below

Forgotten Password?

Retrieve your password

Please enter your username or email address to reset your password.

Log In
No Result
View All Result
  • en_US
  • es_MX
  • Report News

© Copyright 2023 SDNews.com Privacy Policy