Since 1913, a cross has stood as the centerpiece of the Mt. Soledad Veterans Memorial in San Diego, surrounded by nearly 3,000 granite plaques, individually honoring war heroes from every American war, from the Revolutionary War to Iraq and Afghanistan.
The structure is a 29-foot Latin cross, which was erected in 1954. For much of this time, it was in a city park in the La Jolla neighborhood of San Diego. Then, in 1989, the ACLU filed a lawsuit, arguing that allowing a cross on government land violates the First Amendment’s Establishment Clause. This memorial has been embroiled in litigation ever since.
In 2004, Congress passed a law making this city-owned display a “national memorial honoring veterans of the United States Armed Forces,” dedicated as a tribute to those service members “who sacrificed their lives in the defense of the United States.” Congress officially found that the “patriotic and inspirational symbolism of the Mt. Soledad Veterans Memorial provides solace to the families and comrades of the veterans it memorializes.” Although the Latin cross is identifiably a Christian symbol, Congress noted that the memorial is also “replete with secular symbols” and symbols of other faiths, such as 18 Stars of David. In this pluralistic context, the cross plays the role of commemorating veterans’ service and death.
That law sparked the latest round of litigation in federal court. In 2011, the U.S. Court of Appeals for the Ninth Circuit reaffirmed its prior decision on this display, holding that because of the cross, the memorial “primarily conveys a message of endorsement of religion.” Specifically, it “projects a government endorsement of Christianity.”
The United States Supreme Court denied review in 2012 but sent a written message noting that the lower courts were still considering whether the memorial could be modified in a way that preserves its character. In a statement by Justice Samuel Alito, the Court signaled that it would seriously consider taking the case if these additional efforts did not produce a positive outcome.
After almost two years of additional proceedings, on Dec. 12 the U.S. District Court for the Southern District of California reluctantly held that under controlling precedent from the Ninth Circuit, the district judge still had no choice but to declare the cross an endorsement of Christianity. He has ordered it removed within 90 days.
Judge Larry Alan Burns read the order from the bench in court and appeared to choke up as he ordered the memorial’s destruction, observers told Breitbart News. Burns then issued a stay of his decision to give the memorial cross’s lawyers time to appeal back to the Ninth Circuit and, if necessary, the U.S. Supreme Court.
Originally, the U.S. Justice Department defended the cross memorial. However, when President Barack Obama was elected, the government’s defense of the memorial under Attorney General Eric Holder seemed to become lackluster, and the Mount Soledad Veterans Memorial Association stepped in to bolster the defense. They are represented by Allyson Ho, a partner at the powerhouse firm Morgan, Lewis & Bockius (Ted Cruz was a partner at that firm prior to his Senate election, and in fact Cruz and Ho were the co-chairs of the firm’s Supreme Court practice group), and Jeff Mateer and Hiram Sasser from Liberty Institute, one of America’s foremost religious-liberty law firms.
Hiram Sasser tells Breitbart News, “We will continue to fight for this memorial and the selfless sacrifice and service of all the millions of veterans it represents; it is the least we can do for those who gave so much to us all.”
Ken Klukowski is senior legal analyst for Breitbart News. Follow him on Twitter @kenklukowski.
Seems the ACLU blew smoke. The seperation of Church and State had nothing to do with religeous beliefs. It had to do with the ArchBishop of England and the Cardinals of France for their power in both of the Kings Courts in those countries. They were oppressive, and was one of the reasons for the Unitaed States to get it first group of immigrants.
Of all the contemptible people on Earth, besides, the ones in DC, the Ninth Circuit Court has to take the prize. This despicable Group of Despots are not Judges, they are not a Court of any kind. They are destestable little people who have way too much power, and they plan to RULE California. These wretches can be compared to Wife Beaters, if not one stands up to them, they keep beating. and beating, and beating. Why should they stop? No Opposition. Well, I for one have protested with the TP, at this monument for preservation of the Cross, and I challenge every Christian, in California to get on this. We stopped it once, but it needs to be stopped again. All Tea Parties must again, align themselves in solidarity, and form a large enough opposition to this, to be heard. I call on Larry Elder and Roger Hedgecock to get on this, and Rally the Folks. They are even talking about this abuse of a War Memorial in Texas!!!
It is all that DARKNESS, hiding inside our Government. Infiltration into every aspect of our government offices. You can't go anywhere that they are not inside like Koch roaches hiding and eating away, all that was good . We all know these things.
The Communists and Islamist 's have joined forces and are inside the big house. Now they will start to fight it out, among themselves.
Ob is just the presenter of the Fundamental change . Also, Bill and Hillary are the two to fear, even more than the man in the big chair. All my research goes back to them as the Kingpins. Behind every evil deed is their face and name, and behind them is even worse darkness.
We all know this to be true, and are just waiting now. We must be documenting everything as it goes down, for History sake. Hide it well, for the future. Trying to teach our youth the truth's before truth is wiped out. The only way is to go back to our founding document's and our Biblical basics, the Bible and God's word. We have lost his protection by ignoring and tolerating the evil within our boarders. We know how it ends, we just don't know the middle, yet. The only thing they haven't been able to do, is get us up and in their faces. They are ready, are we?
Do we just say, " We will not comply?"
If it's not a Constitutional Law, and only an illegitimate Executive Order, than it means NOTHING, to us. They took Oath's to the Constitution and to us, to abide and protect the USA. They can't just change it. We just ignore it and when they use muscle then we come back with force. Put them all into the prison they deserve. Our millions and their hundreds of thousands, we win.
Health care mandates, I will not comply! We must tell these stories to the world, through photo's, video documentaries and books. Health care and millions loose Insurance, is a form of a controlled genocide. It must be Documented and saved for History. Politicians are willing to take the chance with our lives. January 1, 2014, the death's will begin. We instruct and leave the young that will tell the truth and carry on the salt and the light.
They will destroy all that is of good in our Country and we will stand for what is good. If we show people the horrible consequences of Dictators and Tyrannical leaders. People will see the difference, they always have, if only for a short while? If they don't now, they will remember our words and begin to understand. We have to leave behind those that have the knowledge and education with the true facts of Americas greatness and foundation, because of what it was based upon. One Nation Under GOD. They will be the ones to stand up and lead the rest out and to the light.
If we keep standing up for every Monument and every Constitutional law that is broken, we can do this. Each of us has a job to do and to lead others with us. Each one can take 10-20 more to the cause. Then they take the same with them. Like Twana and Harry have done. Their arms and tentacles have spread far and wide. Even if they don't know it now, History will have their names written in the books that are left. We each have our own purpose to lead others to the light and out of this dark time.