San Diego Officials Vote to Appeal Order to Remove Mt. Soledad Cross
by Jenni Parker
May 24, 2006
(AgapePress) - - City officials in San Diego, California, have chosen to fight a federal court order requiring the removal of the Mount Soledad cross, part of a memorial built in 1954 to honor Korean War veterans. The controversial monument has been at the center of a debate over the separation of church and state for nearly two decades, and continuing the fight could cost the city $5,000 a day in fines. According to a San Diego Union-Tribune account, the City Council voted 5-3 to appeal the federal judge's removal order and continue the protracted fight to keep the Mount Soledad cross atop the war memorial. Supporters of the cross were prevalent among the audience of around 60 concerned citizens attending the public hearing on Tuesday (May 23), many identifying themselves as Christians or war veterans.
In 1989, atheist Philip Paulson sued to have the Mount Soledad cross removed, arguing that its presence on city property violated the establishment clause of the First Amendment to the U.S. Constitution, or the so-called separation of church and state. In 1991, a U.S. District Court judge agreed and ruled that the cross was indeed unconstitutional.
Supporters of the cross have tried to fight efforts to remove it by transferring ownership of the property on which the memorial stands to private entities or to the federal government. However, during the 17 years of litigation and debate since the controversy began, courts have invalidated three land transfers, including two sales to the Mount Soledad Memorial Association, the private group that originally built the cross and that still maintains the memorial site.
Also, just last July, city voters overwhelmingly voted in favor of a measure that would have allowed the city to transfer the cross to the federal government; however, a San Diego Superior Court judge ruled that even that proposition violated the Constitution. And on May 3, Judge Gordon Thompson, Jr. ordered the city to remove the cross from Mount Soledad by August 1 or face a fine of $5,000 for each day the city remains in violation of the order.
The Tribune notes that Mayor Jerry Sanders asked the San Diego City Council to consider appealing in order to seek a stay of the judge's 90-day deadline. Meanwhile, the mayor, along with State Representative Duncan Hunter, has called on the White House for help in preserving the cross and has recently been in Washington, DC, trying to persuade the federal government to seize the property on which the memorial stands through eminent domain.
Sanders, who met with White House officials last Monday, says they expressed support for the idea but foresaw possible legal difficulties. San Diego's chief executive is now hoping an appeal of the removal order will give the city time to explore all its options in the effort to keep the war memorial intact. However, the city's chief operating officer, Ronne Froman, told the Tribune that if the appeal fails, the mayor will comply with the judge's order.
Christian Leaders Rallying Support for SD City Council's Fight
A couple of Christian leaders who support the City Council's efforts to preserve the Mount Soledad cross are working to enlist the backing of other believers. Christian Newswire reports that National Clergy Council (NCC) president Rev. Rob Schenck, co-founder of the Washington, DC-based outreach Faith and Action, has traveled to San Diego today to meet with religious leaders throughout the state.
The Mount Soledad cross "affects more than the city of San Diego and California," Schenck contends. "It is of concern to millions of Americans across the country," he says, "and we must tangibly support the five courageous council members and the citizens they represent."
The National Clergy Council president is joining Rev. Patrick Mahoney of the Christian Defense Coalition in calling on churches throughout California and the United States to support the San Diego City Council in its fight and to send funds to the city to help with the costs of its appeal.
Schenck was scheduled to appear with Mahoney and several local Christian leaders at an afternoon news conference today at the Mount Soledad memorial to discuss the cross controversy and their plans to rally support for the city of San Diego's effort to preserve the cross.
