Los Angeles Times - Cross on Public Land in San Diego is Unconstitutional, Federal Court Rules

By Tony Perry and Nardine Saad, Los Angeles Times

The 43-foot cross atop public land on Mt. Soledad in San Diego is an unconstitutional "government endorsement of religion," a federal appeals court ruled Tuesday, the latest twist in a two-decade legal struggle.

But the U.S. 9th Circuit Court of Appeals did not order the cross removed, as the Jewish War Veterans and other litigants, backed by the American Civil Liberties Union, had hoped. . . .

. . . . The American Center for Law and Justice, a nonprofit public interest law firm based in Washington, D.C., called the decision a "a judicial slap in the face to the countless military veterans honored by the memorial."

The organization, which focuses on constitutional law and religious freedom, intends to take further action to preserve the iconic cross.

"Historically, war memorials will traditionally have a cross as a reference point because it has taken on this universal symbolism of sacrifice all over the world," said Jay Sekulow, chief counsel of the American Center for Law and Justice.

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