X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
The U.S. Supreme Court on Monday put on hold an order to remove a monumental cross that sits on public land, giving hope to supporters just weeks before it was to be taken down. 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 Mount 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. Phil Thalheimer, chairman of the war memorial group, said the ruling “borders on divine intervention.” “We were jumping up and down,” he said. “For this to happen on July 3 — the day before our Independence Day, which is about freedom of speech, freedom of religion, freedom of expression — it couldn’t have happened better.” U.S. Rep. Duncan Hunter, R-Alpine, said the stay was “the right decision.” Hunter, along with San Diego Mayor Jerry Sanders, asked President Bush in May to exercise his power of eminent domain and take over the half-acre cross site atop Mount Soledad. The 29-foot cross, on a scenic hilltop perch in the upscale La Jolla, Calif., area, was contested in 1989 by Philip Paulson, a Vietnam veteran and atheist. A judge declared the cross, a symbol of Christianity, was an unconstitutional endorsement of one religion over another. Three years ago, the Supreme Court refused to get involved in the 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. It was unclear Monday how long the stay would remain in effect or whether the Supreme Court would ultimately deny the appeals by the city and the cross’ supporters. Paulson’s attorney, James E. McElroy, played down the significance of Kennedy’s order. “What he really did today was nothing,” McElroy said. “It probably means, ‘We just need a little time to look at it.’” In its most recent case involving religious symbols, the Supreme Court ruled last year in a pair of 5-4 decisions that overtly religious displays are unconstitutional, but historic ones are allowed. The Court, then led by Chief Justice William H. Rehnquist, struck down framed copies of the Ten Commandments in two Kentucky courthouses while upholding a 6-foot granite monument on the grounds of the Texas Capitol. The only religious case to come before the Court under Chief Justice John Roberts involved the use of hallucinogenic tea by a small branch of a South American religious sect. The Court unanimously ruled that the government cannot hinder religious practices without proof of a “compelling” need to do so. In San Diego, the Mount Soledad 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. The mayor has argued that the cross 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. Associated Press writers Toni Locy in Washington and Allison Hoffman in Los Angeles contributed to this report. Copyright 2006 Associated Press. All Rights Reserved. This material may not be published, broadcast, rewritten or redistributed.

Want to continue reading?
Become a Free ALM Digital Reader.

Benefits of a Digital Membership:

  • Free access to 1 article* every 30 days
  • Access to the entire ALM network of websites
  • Unlimited access to the ALM suite of newsletters
  • Build custom alerts on any search topic of your choosing
  • Search by a wide range of topics

*May exclude premium content
Already have an account?

 
 

ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2021 ALM Media Properties, LLC. All Rights Reserved.