ABCNews.com - Federal Court Rules Mountaintop Cross Violates Constitution

By ARIANE de VOGUE, ABCNews.com

WASHINGTON -- A federal appeals court ruled today that a 43-foot-tall cross that sits atop Mount Soledad in La Jolla, Calif., violates the Establishment Clause of the Constitution.

The three-judge panel of the 9th Circuit Court of Appeals was unanimous in its decision.

"After examining the entirety of the Mount Soledad Memorial in context -- having considered its history, its religious and non-religious uses, its sectarian and secular features, the history of war memorials and the dominance of the Cross -- we conclude that the Memorial, presently configured and as a whole, primarily conveys a message of government of endorsement of religion," the panel said in its 50-page opinion. . . .

. . . . The American Center for Law and Justice, which filed an amicus brief on behalf of 25 members of Congress supporting the cross, said the decision is flawed and represents "a judicial slap in the face to the countless military veterans honored by this memorial."

"We believe the appeals court got this decision wrong and we look forward to the case going to the Supreme Court where we're confident this decision will be overturned," the ACLJ said in a statement today.

You can read the complete story here.