San Diegans Overwhelmingly Favor Transfer of Soledad Cross to Feds
by James L. Lambert
July 27, 2005
(AgapePress) - With the majority of precincts reporting, San Diegans voted overwhelmingly yesterday to transfer the historic Mount Soledad cross site to the federal government. The site contains a 43-foot concrete cross that has been at the center of the controversy since a 1989 lawsuit.The city-owned land has long been recognized locally as a war memorial. Surrounding the cross are more than 1,600 plaques commemorating military veterans who have participated in the defense of America. By attaching an amendment to a military appropriations bill last November, area congressmen Duncan Hunter and Randy "Duke" Cunningham provided a way where a federal transfer of the site could occur, provided the city would allow such a move. The vote on Tuesday (July 26) -- in which more than 75 percent of voters chose to transfer the property to the federal government as a national war memorial -- sent a clear message that the public supports the move.
In 1989 attorney James McElroy, representing atheist Philip Paulson, sued the City of San Diego for maintaining a religious symbol on public property. McElroy made it clear before yesterday's vote that he intends to continue challenging the case in court. "This will be resolved in the courtroom where it deserves to be resolved -- and not in front of the voters," McElroy told the North County Times.
And referring to Tuesday's vote, the atheist's lawyer -- who has ties to the American Civil Liberties Union -- told the San Diego Union-Tribune: "It still doesn't mean a d**n thing. Voters should have never voted on it." Opponents of the atheists have referred to McElroy and his client as "the intolerant few."
While transfer of the war memorial to the federal government has been decidedly approved by the public, it is clear the matter is headed back to the courts. Richard Thompson of the Thomas More Law Center, which provided legal analysis in earlier related court battles, confirms that.
"This is a tremendous victory in an important battle," Thompson say, "but the are is not over. The other side has not surrendered; court battles over the cross continue."
Charles LiMandri, another attorney with the Law Center, expects the legal battle to continue for years to come. "This is going to be going on past our lifetimes," he told the Union-Tribune. "This culture ware isn't going to end .... We see this as a bigger battle. We're fighting for the minds, hearts, and souls of America.
According to the Law Center, two court dates are scheduled within the next month: August 12, when a state Superior Court judge will hear arguments on the constitutionality of Tuesday's ballot measure; and August 15, when arguments over the cross will be heard before a federal judge. Following yesterday's vote, representatives of the group San Diegans for the Mount Soledad War Memorial indicated that the large super-majority vote should send a strong message to any judge who hears McElroy's challenge in court.
James L. Lambert, a frequent contributor to AgapePress, is the author of Porn in America (Huntington House), which can be purchased through the American Family Association. He is a licensed real-estate mortgage loan sales agent and can be contacted through his website.
