CNS News - House Passes Bill to Save Mt. Soledad War Memorial

July 20, 2006
by Susan Jones, Senior Editor

(CNSNews.com) - The U.S. House of Representatives on Wednesday passed a bill that would allow the federal government to take over a San Diego war memorial featuring a large cross that overlooks the city from atop Mt. Soledad.

The bill that would transfer the memorial's title from the city to the Defense Department passed on a 349-74 vote.

The American Center for Law and Justice called the bipartisan support very encouraging.

"This legislative victory represents another front in the battle to keep the Mt. Soledad cross in place," said Jay Sekulow, the ACLJ's chief counsel.

The ACLJ is currently involved in the ongoing legal battle to save the cross, which an offended atheist is trying to have removed. "Action is underway in several venues to save the cross and we're delighted that so many members of the House understood the importance of preserving this war memorial," Sekulow said.

The ACLJ represents 22 House members -- including Rep. Duncan Hunter, the California Republican who sponsored the House bill -- in the courts.

"With the Supreme Court stepping in to put the court-ordered removal of the cross on hold -- it is clear that there are vital legal issues that must be litigated," Sekulow said. "At the end of the day, whether the solution comes legislatively or judicially, we believe the Mt. Soledad cross will remain in place -- a very visible symbol of our commitment to honoring the men and women who gave their lives for our freedoms."

In May, a federal judge sided with the atheist, ruling that the cross must be removed by August 2 because it violates the so-called "separation of church and state," which is a judicial interpretation of the Constitution's Establishment Clause.

Supreme Court Justice Anthony Kennedy on July 7 stayed the order to remove the cross until the city's appeals have run their course.

The House-passed bill now goes to the Senate.

The Mount Soledad cross was built in 1954 as a memorial to Korean War veterans, and if it weren't for its 43-foot-high cross, many people outside San Diego would not know about the memorial.