City Fathers at Stalemate Over San Diego Cross
by James L. Lambert
July 23, 2004
(AgapePress) - The 43-foot-tall concrete cross has stood atop Mount Soledad for more than 50 years. Now that cross could go to the highest bidder, who could then choose to remove or retain the structure. The controversy is all the result of a lawsuit brought against San Diego by an atheist who contends California's constitution prohibits religious symbols on public land.Several weeks ago, San Diego City Attorney Casey Gwinn proposed that the San Diego City Council place before local voters a motion to ultimately determine the fate of the historic cross at Mt. Soledad, overlooking the Pacific Ocean and scenic La Jolla, California. His proposal was the result of a multi-year legal fight between the city and atheist Philip Paulson and his attorney James McElroy. The original lawsuit was filed in 1989. Over the years there have been rulings in favor of the city and rulings in favor of McElroy and his client. However, the most recent ruling by the 9th District Court was a 7-4 vote against the city in 2002.
Gwinn's proposal is to "let a private property owner decide whether to keep or remove the cross to avoid preference for or hostility against religion." The city attorney recognizes that a decision by the council needs to be made by August 3 to allow enough time for this initiative to be brought before the public in the November elections. Because the initiative involves the sale of public land, the vote would require a two-thirds approval.
Essentially such a proposal would invalidate a previous sale that was legally challenged by the atheist and his attorney. A group representing a veterans memorial organization that holds a long-term lease to the land is opposed to reselling the land around the cross because it would require the group to return $106,000 from the prior sale (authorized by Proposition F) and allow for a new sale. Instead the group wants the cross moved to a nearby church for display. In a public hearing on Tuesday, many people expressed their opinion that this group is intimidated further by the legal threat posed by Paulson's lawyer.
City attorney Gwinn made it clear that a new sale would not guarantee the retention of the cross on its present site. In fact, he said, it would allow a new owner to make that determination. One councilman, Scott Peters, proposed that if the vote did not achieve a two-thirds plurality, an alternative plan could include moving the cross to a church site.
Appearances at the Tuesday meeting by representatives from the American Civil Liberties Union made it clear to many in the audience that this was yet another effort by that organization to remove any vestige of religion in the public place. The ACLU recently threatened lawsuits and successfully intimidated both the County of Los Angeles and the City of Pomona to remove crosses from their official seals. Many saw this as an attack on public seals and the historic links both regions have to the early Catholic missionaries who first settled the area hundreds of years ago.
James Hartline, a local Christian activist, attended the San Diego City Council meeting along with a number of concerned citizens who agree with Gwinn that the proposal should be decided by the people. Also in attendance were several opponents of Gwinn's proposal as well as Paulson, his supporters, and supporters of the group that has maintained the lease at the Mt. Soledad site. However, other veterans supportive of Gwinn's initiative were there as well.
If the city attorney's initiative is passed this Tuesday, it is generally recognized that the proposal would have to be carefully worded so it demonstrates impartiality (toward the status of the cross) involving any future owner of the site where the historic cross is now located.
However, Hartline says "time is running out." He is encouraging local voters to contact each of the city council members -- via e-mail or telephone -- to encourage them to support the city attorney's Mt. Soledad proposal, allowing for a public vote this November.
James L. Lambert, who resides in San Diego, California, is a frequent contributor to AgapePress. He is the author of Porn in America (Huntington House), which can be purchased through the American Family Association; and a licensed loan sales agent who offers all types of real-estate mortgage loans. He can be reached via his website.
