By Peter J. Smith
SAN DIEGO, August 2, 2006 (LifeSiteNews.com) – The United States Senate voted yesterday in unanimous consent to transfer the Mt. Soledad Cross out of the hands of the city of San Diego in order to preserve the war memorial from court ordered destruction.
The bill already passed 349-74 in the House on July 19.
“The Mount Soledad cross has been a great source of hope and inspiration for decades, and it has important historical significance to veterans and San Diegans alike,” said Sen. Feinstein, who joined Sen. Boxer in supporting legislation to save the cross.
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The Mt. Soledad Cross was erected in 1954 as a memorial to the veterans of the Korean War, replacing an earlier cross which had stood on the site back in 1913. The cross now stands as the centerpiece of the memorial where over 3200 engraved granite plaques honor veterans from the civil war to the current conflict in Iraq.
“This has been an extraordinary battle that many have waged to fulfill the wishes of the vast majority of San Diegans, the families of our military heroes and all who believe in the value of history,” said Mayor Jerry Sanders according to San Diego’s 10News.com.
However, James McElroy, the attorney representing Philip Paulson, theÂatheist who challenged theÂconstitutionality of the cross,Âmaintained the move was unconstitutional, remarking, “I guess the Senate has a short memory,” he scoffed. “You’ve got a local issue here. What business does the federal government have getting involved?”
The city of San Diego and its citizens had fought years of losing battles in the courts to save the Mt. Soledad Cross, even passing Proposition A last yearÂwith overÂ75% approval to transfer the cross into federal hands. Proposition A, however,Âwas thrown out by a Superior judge claiming the ballot initiative was “unconstitutional”. In May US District Court Judge Thompson ordered the city to remove the memorial by August 1 or face $5,000 a day in fines.
The American Center for Law and Justice and Thomas More Law Center,Âtwo conservative national public interest law firms, then convinced the US Supreme Court to issue a temporary stay, which allowed forÂthe passage of the current legislation.
Although the legislation marks a turnaround for the city and the cross supporters, and places the cross out of state hands, Richard Thompson, President and Chief Counsel of the Thomas More Law Center warned that the battle to save the cross is not yet over.
“This is a great victory for our veterans and our fallen war heroes,” said Thompson according to the Law Center’s press release. “The presence of the cross atop Mt. Soledad enrages the ACLU much like a red flag waved in front of a bull.ÂÂ It would be a serious mistake to think this fight is over.”
“The plaintiff and ACLU have already demonstrated their persistence and zeal to take down the cross and this political defeat will most likely intensify their legal efforts as they sense what they thought was sure victory slipping through their fingers.”
The legislation will now head to President Bush, who is expected to sign the measure saving the cross.
See previous LifeSiteNews coverage:
House Intervenes to Save Mount Soledad Cross
https://www.lifesitenews.com/ldn/2006/jul/06072002.html
Supreme Court Intervenes to Save the Mt. Soledad Cross
https://www.lifesitenews.com/ldn/2006/jul/06070401.html
Court: San Diego Veteran Memorial Cross Must Come Down by August 1
https://www.lifesitenews.com/ldn/2006/jun/06062302.html
Judge Orders San Diego to Remove Disputed Mountain Cross Erected in 1954
https://www.lifesitenews.com/ldn/2006/may/06050406.html
U.S. Congress Acts to Save Mountain-Top Cross – Atheist Blames ‘Jihad Jesus Republicans’
https://www.lifesitenews.com/ldn/2004/nov/04112304.html