Mt. Soledad Cross's Victory in Congress Won't End Court Battles, Supporters Say

by Jenni Parker
August 2, 2006

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(AgapePress) - - Conservative political leaders and pro-family advocates are applauding the U.S. Senate's swift, unanimous passage last night of the Bill to Preserve the Mount Soledad Veterans Memorial. Strongly opposed by the American Civil Liberties Union (ACLU), the legislation provides for the federal government's immediate acquisition of the embattled San Diego veterans memorial, which features a 29-foot-tall cross.

The concrete cross, which stands 43 feet tall if one includes the height of its base, is the centerpiece of a commemorative monument that includes more than 1,700 granite plaques honoring fallen U.S. military veterans from the Civil War to the Korean War, to the current war in Iraq. But the cross is also at the center of a 17-year legal battle between an atheist, supported by the ACLU, and San Diego, supported by numerous veterans and people of faith, over the so-called separation of church and state.

The bill to transfer the cross to federal land was first introduced in the House of Representatives by Republican Congressman Duncan Hunter of California. The House overwhelmingly passed it in a 349-74 vote on July 19 and sent it to the Senate on July 20, where it was introduced by Republican Senator Jeff Sessions of Alabama. Senate's unanimous approval moves the legislation to the desk of President Bush, who is expected to sign it.

During his announcement of the bill's passage, Senator Sessions said he was glad to see the Senate join the House in approving a bill "that will put an end to the litigation under the California Constitution by transferring the memorial to the federal government." However, he lamented the fact that this embattled monument has "sadly come under attack by the ACLU because it contains a cross commemorating fallen soldiers."

Sessions went on to point out that America "has a long history and tradition of memorializing members of the armed forces who die in battle with a cross or other religious emblems of faith." The Alabama lawmaker said he is glad Congress has "stepped up" to help ensure that the Mount Soledad memorial remains "as a tribute to those who sacrificed their lives in defense of their country."

Congressman Duncan Hunter, who joined two GOP colleagues from San Diego County in writing the House version of the cross-transfer bill, called its bicameral passage "a significant step forward," Copley News Service reports. Hunter said the August 2 vote "reaffirms the overwhelming desire" of San Diego citizens to keep the memorial "exactly where it has proudly stood for over 50 years."

California Governor Arnold Schwarzenegger also expressed support for the cross-transfer legislation. After the bill's passage, he remarked that allowing the Mount Soledad memorial to be destroyed would "send the wrong message to our nation's veterans."

The Cross in Court: A Long Battle That Isn't Over
A federal judge ruled last May that since the controversial Mount Soledad cross is on city land, the memorial violates the California Constitution's ban on government endorsement of any one religion. The City of San Diego has been ordered to remove the religious symbol or be fined $5,000 a day. However, U.S. Supreme Court Justice Anthony Kennedy has issued an indefinite stay to put off any fines against the city until the matter has gone through the entire judicial process.

Supporters of the cross believe the legislation allowing for transfer of the memorial to the federal government will help their case and will protect the cross from further court challenges, as religious displays can legally occupy federal land if they have a secular meaning. Once the Mount Soledad Veterans Memorial is officially on federal land, their hope is that it will no longer be susceptible to continued litigation under California's Constitution.

Richard Thompson is President and Chief Counsel of the Thomas More Law Center, one of a number of organizations that have joined in the fight to save the cross. He is calling the passage of the Bill to Preserve the Mount Soledad Cross a "great victory for our veterans and our fallen war heroes" and says he applauds Senator Sessions for keeping the pressure on to move it through Senate.

However, Thompson says it would be a "serious mistake" to think the fight is over." He observes that the plaintiff and the ACLU have already shown "persistence and zeal" in their efforts against the cross, and "this political defeat will most likely intensify their legal efforts," not unlike "a red flag waved in front of a bull."

Thomas More Law Center's West Coast Director, San Diego attorney Charles LiMandri, has spearheaded the legal defense of the cross. He was quoted as saying he and other supporters are obviously "delighted" with the passage of the bill. However, he agrees with Thompson that this legislative win will not mean the end of the judicial struggle over the monument.

The Thomas More Law Center is involved in both the California appellate court and the federal Ninth Circuit Court of Appeals on behalf of San Diegans for the Mount Soledad National War Memorial, a group that played a major role in the successful petition drive to transfer the memorial site land to the federal government. However, the Center notes, retired U.S. Navy Rear Admiral Jeremiah Denton -- a member of the Law Center's Citizens Advisory Board, a former Vietnam P.O.W. and a former U.S. Senator -- also proved instrumental in the effort by obtaining political support for the memorial in Washington.

Along with the Thomas More Law Center, a number of other pro-family groups and legal organizations are involved in the fight to save the cross as well. Among these are the California Department of the American Legion, represented by the Alliance Defense Fund; the American Family Association Center for Law and Policy; and the American Center for Law and Justice, which filed an amicus brief in the case on behalf of several members of Congress.