Legislative Initiative to Save San Diego Mt. Soledad Cross

By 

Jay Sekulow

June 25, 2011

3 min read

American Heritage

A

A

Angered by the U.S. District Court judges order to remove the Mt. Soledad cross in San Diego, California, lawmakers have introduced a bill to protect symbols of American heritage that have a religious component.  The legislation known as The Defense of Veterans Memorials Act would be the first state legislation of its kind mirroring the federal Public Expression of Religion Act that was introduced in the House of Representatives last year.  State Senator Jim Battin said that the term separation of church and state should not be used to destroy any remnants or images of Christianity.  He went on to say that [t]he hatred of a religious symbol is not a just cause to tear down memorials that hold noteworthy meaning.  He next asked, Is the Arlington National Cemetery next on the [ACLUs] hit list?  Battins bill is actually scheduled for a hearing today in the Senate Judiciary Committee.

 

Mayor Says He Will Fight to Maintain Cross War Memorial

 

San Diego Mayor Jerry Sanders said that he will continue a 17-year legal battle to maintain the cross on Mt. Soledad.  The ACLU brought a lawsuit challenging the constitutionality of the cross, and a federal court judge ordered its removal within 90 days.  Mayor Sanders, who was a recent guest on Jay Sekulow Live!, noted that this is not simply about a Christians symbol.  Sanders said at a rally of supporters at Soledad Natural Park in La Jolla, CA, that What this boils down to is preserving a nationally registered war memorial that is an integral part of San Diego history.  

 

U.S. District Court Judge Gordon Thompson ordered the city to remove the reinforced concrete cross from city property within 90 days or be fined each day that it remains.  Sanders noted that a referendum was passed with 75% of the voters supporting the cross war memorial.  At the rally, Sanders said that You have given me my marching orders, and I intend to carry them out.  Sanders has urged the City Council to send his lawyers to the 9th Circuit Court of Appeals to obtain a stay that would suspend Thompsons order as this case continues on appeals, both in the state and federal court system. 

 

I have instructed a senior team at the American Center for Law & Justice to file briefs representing our interests, and that of our members, in this important case.  Senior Counsel Frank Manion will be heading up this project.  What is interesting to note is that the 9th Circuit Court of Appeals in its previous ruling did not say that the cross had to be dismantled.  After the decision came out, the city arranged for the sale of the property, and the federal government passed legislation to accept the monument.  The city attorney has now said that he supports the strategy to pursue all legal matters in order to preserve the monument.  He noted that We owe it to the voters to do everything we can. 

 

Click here to sign the Petition to Save San Diego's Mount Soledad Cross.