A String of Victories at Mt. Soledad
Today we are extremely pleased that the California Supreme Court has denied review in an appeal involving a case challenging the constitutionality of a
Were extremely pleased that the California Supreme Court has decided to reject this case which effectively brings an end to state litigation to remove the Mt. Soledad cross memorial. This represents the latest in a series of legal victories to keep the cross in place, and were confident that the final legal challenge now in federal court will ultimately fail as well. The cross memorial is an important symbol honoring veterans of our military. We believe this memorial will survive the final round of legal challenges and remain in place, and we will continue our legal work to that end.
The California Supreme Court issued its case list yesterday and said it would not take up the appeal. That is exactly what our amicus brief requested in urging the states highest court to reject the appeal. The Petition for Review should be denied because the clear purpose and effect of Proposition A is to preserve a historically significant war memorial, not to proselytize a particular religious viewpoint or coerce any religious activity, the brief concluded.
The only litigation remaining involves a federal lawsuit challenging legislation signed into law by President Bush last August which transferred control of the memorial to the federal government. We have been active in defending the constitutionality of the monument at both the state and federal levels, and will file briefs in the ongoing federal case on behalf of members of Congress.
Just last month, the U.S. Court of Appeals for the Ninth Circuit dismissed a separate federal challenge against the City of San Diego, determining that the legal challenge was moot since the federal government now owns the land on which the monument sits.
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