Mt. Soledad

[Soldier4Christ]

Lawmaker denounces cross removal
Introduces bill to fight ACLU, curb judicial power

Angered by a judge's order to remove the giant Mount Soledad cross in San Diego, a California state lawmaker is introducing a bill to protect symbols of American heritage that have a religious aspect.

The Defense of Veterans Memorials Act would be the first state legislation of its kind, mirroring the federal Public Expression of Religion Act, introduced in the House last year, which would remove from judges the authority to award attorney fees, or damages to groups such as the ACLU.

As WorldNetDaily reported May 3, U.S. District Judge Gordon Thompson ordered the city of San Diego to remove the mountain-top cross within 90 days or face a fine of $5,000 a day.

Thompson ruled in 1991 the cross violates the so-called "separation of church and state," but the case has remained in courts and become an issue of public policy.

The battle began in 1989 when Phillip Paulsen, an atheist, filed suit, and a court ordered the city to remove the cross. In 1998, the city sold the property to the Mt. Soledad War Memorial Association, which again was challenged in court. The sale originally was upheld but later ruled unconstitutional by the full panel of the 9th Circuit Court of Appeals in San Francisco and remanded back to district court to work out a remedy.

During its brief period of ownership, the Memorial Association made significant improvements, including extensive landscaping and the addition of more than 3,000 plaques honoring military veterans.

Pointing out "separation of church and state" is not mentioned in the Constitution, the California bill's sponsor, Republican Sen. Jim Battin, said the term should not be used to "destroy any remnants or images of Christianity."

"The hatred of a religious symbol is not a just cause to tear down memorials that hold noteworthy meaning," he said. "Is the Arlington National Cemetery next on the hit list?"

The bill is scheduled for hearing today in the Senate Judiciary Committee.

Battin, whose bill was introduced at the urging of the American Legion, said there has been a dramatic increase in litigation in California and around the country by special interest organizations against the public display of symbols of America's history and heritage.

Cities have been strong-armed into removing religious symbols from their city seals, law enforcement emblems and city property because they can't afford to defend themselves, Battin pointed out.

"The very threat of imposition of attorney fees or damages in such cases," said a statement by Battin, "has a coercive and chilling effect on debate, deliberation and decision-making by public officials when faced with the duty to decide what symbols of our American history or heritage may or may not be displayed in the public sphere without offending somebody, if those symbols, no matter how historical, traditional, or time honored, contain a religious symbol."

In Los Angeles, for example, the ACLU threatened the county Board of Supervisors with a lawsuit if officials did not remove a small cross from among the many symbols on its more than 50-year-old county seal

Members of the board, which voted 3-to-2 to comply with the ACLU's demand, publicly said they feared court-ordered attorney fees to be paid by taxpayer funds if the ACLU were to prevail.

Nevertheless, the county was faced with paying an estimated $1 million to replace all its seals.

"Laws that were created to preserve religious freedom and protections are now being manipulated to destroy them," said Battin. "This is inherently wrong. My bill aims to keep scare-tactics and threats of costly lawsuits from determining the outcome on such suits."

Similar suits have been brought against the city of Redlandsm, Calif., for having a cross on its city seal; the Federal Mojave Desert World War I Veterans' Memorial which consists of two pipes strapped together and mounted on a rock outcrop by veterans in 1934 to honor World War I veterans; and the Boy Scouts of America for having Christian themes and symbols in their manuals.

[Shammu]

Latest Ruling Could Spell End of Long Legal Battle Over Mt. Soledad Cross

by Allie Martin and Jody Brown
May 5, 2006

(AgapePress) - - A Christian activist in Southern California says it's time for the Chief Executive to get involved in a years-long legal scuffle involving a mountaintop cross in a San Diego park.

U.S. District Judge Gordon Thompson has ordered the city of San Diego to remove the Mt. Soledad cross within 90 days or face a fine of $5,000 a day. The 29-foot cross has stood on Mt. Soledad as the centerpiece of a war memorial on city-owned land since 1954. But in 1989 atheist Paul Paulson sued the city, claiming the cross violated the so-called "separation of church and state" principle.

The legal battle has ensued in the intervening years, ultimately leading up to a voter referendum last summer in which voters approved a measure that called for the city to donate the cross to the federal government as the centerpiece of a veterans memorial. But a San Diego Superior Court judge ruled the proposition -- approved by almost 76 percent of voters -- was a violation of the state constitution.

Now Judge Thompson -- who incidentally is the same judge who in 1991 ruled the presence of the cross on city property to be unconstitutional -- has evidently had enough. "It is now time, and perhaps long overdue," he said in this week's ruling, "for this court to enforce its initial injunction forbidding the presence of the Mount Soledad cross on city property."

San Diego Mayor Jerry Sanders has indicated he is willing to appeal the ruling, but City Attorney Mike Aguirre says that would be a waste of time and resources. However, a group known as San Diegans for the Mount Soledad National War Memorial has indicated it might be willing to help the city financially with the appeal and any fines resulting in the meantime.

So, is all hope lost for those who wish the cross to stay where it is? James Lambert, a Christian activist who lives in the area, does not think so. Lambert says President George W. Bush could bring an end to the matter.

"We're asking Christians all over the country to contact and e-mail the president to ask him to designate Mount Soledad Cross as a national war memorial -- and we plead with him as brothers in Christ to do that," says the San Diego activist.

Lambert points to last summer's ballot initiative -- and moves at the federal level even -- as proof there is a strong interest to keep the cross. "The Congress voted to make the Mount Soledad Cross a war memorial, [and] the city of San Diego residents by a 76 percent plurality voted to do that also," he points out.

"[So] I'm asking Christians all over the country to contact the President and ask him to sign an executive order to designate [the memorial and cross as] federal land without getting the permission of the city of San Diego."

In legislation signed by the president in December 2004, the federal government essentially gave the city of San Diego that option. The outcome of that offer was the initiative approved by voters last summer -- and then struck down a few months later.

According to the San Diego Union-Tribune, the Mount Soledad Memorial Association is making plans to move the cross to private property nearby. The Association's president tells the newspaper his group feels it is very important that the cross be saved. "The location of the cross is not the primary issue," says William Kellogg.

Additional information on ChristiansUnite.com is available on the Internet at http://www.christiansunite.com/
Copyright © 2003 ChristiansUnite.com. All rights reserved.

http://news.christiansunite.com/Religion_News/religion04415.shtml

[Soldier4Christ]

Bush asked to intervene in cross battle

SAN DIEGO – Mayor Jerry Sanders on Thursday sought presidential intervention in the legal battle over the Mount Soledad cross, asking President Bush to use the power of eminent domain to take the city-owned property in La Jolla on which the memorial and cross sit.

Sanders warned of the “uncertain future” of the monument and said he fully supported the federal government condemning the property to save the cross, a request first made late Wednesday by Rep. Duncan Hunter, R-Alpine.

Sanders announced the move Thursday morning at a news conference at the top of Mount Soledad, arguing the federally registered national war memorial at Mount Soledad has been part of San Diego's landscape for more than 50 years.

“San Diego is the home of the largest concentration of active duty and retired military service members in the country. Our region has a proud history of paying tribute to our fallen soldiers,” the mayor wrote.

“The citizens of San Diego have repeatedly demonstrated their support for maintaining the memorial. It would be truly unfortunate to lose this sacred monument.”

The cross atop Mount Soledad has been the subject of legal challenges for 17 years. A federal judge recently ordered that the cross be removed within 90 days or the city will face a fine of $5,000 a day.

“This nationally registered war memorial has been caught up in a long series of court actions that threaten its future,” Sanders wrote in the letter. “I commend Congressman Hunter for doing everything possible to preserve the integrity of this important shrine to our fallen soldiers and support the congressman's recommendation.”

In his letter to the president, Hunter briefly reviewed the history of Mount Soledad, saying the 29-foot cross “can be seen as a welcoming symbol to sailors as they return to the home port at North Island.”

“Unfortunately, this beloved memorial has been under siege by a single individual and his team of lawyers who have ignored the broader historical context and community support for the memorial in order to make a political point,” Hunter wrote.

Hunter blamed “liberal judges” and their interpretation of the state constitution to justify the removal of the cross from city property.

Hunter asked the president to use his authority to begin “immediate condemnation proceedings” to bring Mount Soledad into the federal park system. The cross has been designated a national veterans memorial.

“I don't know why anyone would think a cross on city land would be any different than a cross on federal land,” said James McElroy, the attorney who has advocated the removal of the cross. “I think it is probably one of the silliest ideas I've heard of.

“If anything came of it, I would waltz right back to the court and the court would say the same thing it's been saying for the past 17 years.”

City Attorney Michael Aguirre weighed in on the issue Thursday afternoon – several hours after the mayor's press conference – and he questioned whether the request for federal condemnation of the property violated an existing judicial order.

“Such a move may be viewed by the San Diego Superior and United State District courts as being in violation of existing judicial orders and could result in a contempt finding and or sanctions against the city of San Diego,” Aguirre said in a statement.

Aguirre said the proper action being contemplated by the City Council was the proposed appeal of the federal court order to remove the cross, an action he said falls “within the city's legal rights.”

The fate of the cross has been debated since 1989, when atheist Philip Paulson sued seeking its removal. A federal judge found the presence of the cross on city property unconstitutional in 1991 but that decision was appealed.

Courts have invalidated three land transfers, including two sales to a private group and a gift to the federal government, intended to keep the cross intact. In 2003, the U.S. Supreme Court refused to hear the city's appeal.

Federal condemnation of the property by the Department of Interior and Department of Justice do not require a finding that the property is blighted, which is required in some eminent domain proceedings. Sanders said he hoped the federal and state governments could quickly come to a stipulated agreement to transfer the half-acre on which the memorial sits.

“This judgment would permit these proceedings to conclude in less than the 90-day time frame given to us by the court,” Sander said at the morning news conference he held near the base of the cross with about two dozen supporters behind him.

Sanders said he's going to Washington, D.C., in a couple of weeks and that preserving the cross is one of the most important topics he will be addressing.

Although the mayor said it was his hope that the federal action would put an end to the lengthy challenges and litigation to the cross, he said he would like the city to pursue legal appeals.

“While this is an important and exciting development, I'll still recommend to the City Council that we concurrently pursue the stay and the appeal. We need to cover every base,” he said.

The council is to consider appealing the matter on May 23.

Sanders said he is taking his “marching orders” from San Diego voters who have twice voted to keep the property as a war memorial.

“Some say this debate is about the cross. I could not disagree more. This is not about just a Christian symbol,” the mayor said. “What this boils down to is preserving a nationally registered war memorial that is an integral part of San Diego's history. . . . It is part of our social and cultural fabric.”

Mayoral spokesman Fred Sainz said the idea to seek federal condemnation of the property has been kicked around by city officials and others for about a week, since the most recent court ruling. Sainz said Sanders' and Hunter's staffs discussed the issue and decided it would be best if the congressman made the request to President Bush for legal reasons.

[Soldier4Christ]

American Legion joins cross fray
Calls on Bush to save judge-endangered war memorial in San Diego


The commander of the American Legion has joined those calling for President Bush to take action to save the Mount Soledad cross veterans memorial in Southern California, which a federal judge has ordered removed.

In a letter to the president, National Commander Thomas L. Bock wrote, "We are particularly concerned in this case that a dangerous precedent could be set that would endanger veterans memorials across America, perhaps even the 9,000 crosses that mark the final resting places of our World War II heroes at Normandy Beach."

As WorldNetDaily reported, May 3 U.S. District Judge Gordon Thompson ordered the city of San Diego to remove the mountain-top cross within 90 days or face a fine of $5,000 a day.

Thompson ruled in 1991 the cross violates the so-called "separation of church and state," but the case has remained in courts and become an issue of public policy.

The battle began in 1989 when Phillip Paulsen, an atheist, filed suit, and a court ordered the city to remove the cross. In 1998, the city sold the property to the Mt. Soledad War Memorial Association, which again was challenged in court. The sale originally was upheld but later ruled unconstitutional by the full panel of the 9th Circuit Court of Appeals in San Francisco and remanded back to district court to work out a remedy.

"The crosses and Stars of David that mark the graves and honor the sacrifices of our fallen heroes are sacred ground to Americans," wrote Bock, who represents 2.7 million veterans . "As a grateful nation, we must ensure that their memory will never be dishonored by those who would seek to remove them."

The American Legion is conducting a campaign in support of the Public Expression of Religion Act (PERA), H.R. 2679, which is pending in the House of Representatives. The measure would remove the authority for judges to award taxpayer monies in attorneys fees in Establishment Clause cases involving litigation against religions icons and veterans memorials.

The American Family Association is asking citizens to send an e-mail to the president to effectively take "the case out of Judge Thompson's hands" by signing an executive order transferring the land to the National Park Service.

Last year, 76 percent of San Diegans voted to approve the transfer of the national memorial to federal custody.

[Soldier4Christ]

Citizens prepare appeal to save cross
Asking 9th Circuit to halt order removing landmark in August

A citizens group has launched an appeal to halt a judge's order to remove the Mount Soledad cross in Southern California.

As WorldNetDaily reported, on May 3 U.S. District Judge Gordon Thompson ordered the city of San Diego to remove the mountain-top cross within 90 days or face a fine of $5,000 a day.

Thompson ruled in 1991 the cross violates the so-called "separation of church and state," but the case has remained in courts and become an issue of public policy.

A group formed last year to save the cross, San Diegans for the Mt. Soledad National War Memorial, filed papers in the U.S. District Court in San Diego asking to intervene in the case, the first step in an appeal to the 9th U.S. Circuit Court of Appeals.

The San Diego City Council is scheduled to vote next week on whether it will appeal the order, scheduled to be carried out in August.

The citizens group is represented by the Thomas More Law Center, which says it has "pledged to do whatever we can to save" the cross.

"The memorial represents the sacrifices our veterans and their families have made and the gratitude that we, as a community and a nation, have for them," said Charles LiMandri, West Coast regional director for the Law Center. "They fought hard for our freedoms. We will fight hard to preserve them."

The battle began in 1989 when Phillip Paulsen, an atheist, filed suit, and a court ordered the city to remove the cross. In 1998, the city sold the property to the Mt. Soledad War Memorial Association, which again was challenged in court. The sale originally was upheld but later ruled unconstitutional by the full panel of the 9th Circuit and remanded back to district court to work out a remedy.

LiMandri says the Law Center is seeking a stay of the judge's order pending resolution of a state court case that could render the order void.

The state case addresses the constitutionality of a voter proposition, which transfers the memorial and the property to the federal government.

San Diegans for the Mt. Soledad National War Memorial organized a petition drive for the special election last July in which 76 percent of voters favored the transfer.

A state court judge, however, claimed the proposition violated the California Constitution.

LiMandri explained that the outcome of the state case likely will impact the federal case because the federal judge's order to the city of San Diego was based on state law. Once Proposition A takes effect, the property will belong exclusively to the federal government.

LiMandri warns that unless the judge's order is reversed or stayed by the 9th Circuit, San Diego will be required to take down the cross in August.

Meanwhile, >the commander of the American Legion has joined those calling for President Bush to take action to save the cross.

In a letter to the president, National Commander Thomas L. Bock wrote, "We are particularly concerned in this case that a dangerous precedent could be set that would endanger veterans memorials across America, perhaps even the 9,000 crosses that mark the final resting places of our World War II heroes at Normandy Beach."

"The crosses and Stars of David that mark the graves and honor the sacrifices of our fallen heroes are sacred ground to Americans," wrote Bock, who represents 2.7 million veterans. "As a grateful nation, we must ensure that their memory will never be dishonored by those who would seek to remove them."

The American Family Association is asking citizens to send an e-mail to the president to effectively take "the case out of Judge Thompson's hands" by signing an executive order transferring the land to the National Park Service.

[airIam2worship]

Then that judge is breaking the law, voted by the people for the people. That fool, needs to be voted out of office. And held responsable, to the people for ignoring the people.

Not only should he be "kicked" out of office, but he should be fined, and tried just like any other citizen would be. And thrown in jail. Has he forgotten that if it weren't for the people he wouldn't even have that job? Has he forgotten that he is a public servant?

OOOOOHHHHH people like that, don't deserve to be in a public office.

[Soldier4Christ]

Not only should he be "kicked" out of office, but he should be fined, and tried just like any other citizen would be. And thrown in jail. Has he forgotten that if it weren't for the people he wouldn't even have that job? Has he forgotten that he is a public servant?

OOOOOHHHHH people like that, don't deserve to be in a public office.

Most of them not only think they are above the law but that they are the law.

I agree they should be taken out of office on a rail.

[airIam2worship]

Most of them not only think they are above the law but that they are the law.

I agree they should be taken out of office on a rail.

And thrown straight into jail !!!!!

I didn't intentionally make that rhyme you know. 

[Soldier4Christ]

And thrown straight into jail !!!!!

I didn't intentionally make that rhyme you know. 

 

[Soldier4Christ]

Cross battle taken to Washington
San Diego mayor meets with Bush, congressman with Cheney

In an effort supported by Christian advocacy groups nationwide, San Diego Mayor Jerry Sanders met with White House lawyers in Washington, D.C., to ask President Bush to issue an executive order that would save the Mount Soledad cross after a judge ruling in a case brought by the ACLU ordered it removed.

Rep. Duncan Hunter, R-Calif., also discussed the issue yesterday with Vice President Dick Cheney.

Sanders told the Copley News Service the president's lawyers "indicated it's going to be tough to get this done and we're going to have to work real hard, and they'll give us as many options as they can."

As WorldNetDaily reported, U.S. District Judge Gordon Thompson ordered the city of San Diego May 3 to remove the mountain-top cross within 90 days or face a fine of $5,000 a day. Thompson ruled in 1991 the 29-foot structure violates the so-called "separation of church and state," but the case has remained in courts and become an issue of public policy.

The American Family Association has launched a campaign asking citizens to send an e-mail to the president to effectively take "the case out of Judge Thompson's hands" by signing an executive order transferring the land to the National Park Service.

The order would complete the annexation of city land first initiated by Hunter in November 2004. One month later, Congress passed legislation requesting transfer of the war memorial site to the federal park system. Last summer, 76 percent of voters in a special election in San Diego agreed to the transfer but courts, citing California law, blocked the vote.

Meanwhile, a group formed last year to save the cross, San Diegans for the Mt. Soledad National War Memorial, has filed papers in the U.S. District Court in San Diego asking to intervene in the case, the first step in an appeal to the 9th U.S. Circuit Court of Appeals.

The citizens group is represented by the Thomas More Law Center, which says it has "pledged to do whatever we can to save" the cross.

Charles LiMandri, West Coast regional director for the Law Center, says that after reviewing case law, he believes federal jurisdiction is much more tolerant of religious icons located on federal property.

A cross has been at the present location, in one form of another, since 1913. Sanders and many citizens consider the cross and the war memorial an important part of San Diego's history. The battle began in 1989 when Phillip Paulsen, an atheist, filed suit, and a court ordered the city to remove the cross.

Tim Wildmon, president of American Family Association, says more than 247,000 e-mails have been sent to President Bush in nine days.

His father, AFA founder Rev. Don Wildmon, has contacted the White House about the issue.

Tim Wildmon is using his weekday show on American Family Radio, "Today's Issues" to bring the debate to the attention listeners to more than 180 radio stations.

Jay Sekulow, head of the American Center for Law & Justice, also is asking his radio audience to communicate with the White House.

Last week, Rev. Jerry Falwell told WND he planned to contact the Bush administration. Gary Cass of Coral Ridge Ministries in Florida has also pledged his support.

Rev. Patrick Mahoney of the Christian Defense Fund and Rob Schenck of the National Clergy Council are planning a press conference at the Mt. Soledad site today to urge supporters to come to San Diego to help save the cross.

Mahoney said in a statement "it must be constantly stressed that the Constitution promises freedom of religion not freedom from religion."

"Therefore, we are issuing a national call for the faith community and people of good will to come to San Diego and peacefully intervene to prevent the removal of the cross," he said. We can no longer be silent as our freedoms and history are being stripped away."

[Soldier4Christ]

Legion challenges ACLU's 'secular cleansing'
Announcing project at San Diego cross to protect war memorials

Calling it an effort to stop the ACLU's "secular cleansing," the American Legion of California is launching a campaign to defend veterans' memorials, including the embattled Mount Soledad cross in San Diego.

American Legion officials will be at the Mount Soledad memorial today, the center of nationwide controversy after U.S. District Judge Gordon Thompson – in a case brought by an atheist represented by the ACLU –ordered the city of San Diego May 3 to remove it within 90 days or face a fine of $5,000 a day.

Thompson ruled in 1991 the 29-foot structure violates the so-called "separation of church and state," but the case has remained in courts.

"America's veterans memorials have become a casualty of litigation wars as atheists and special interest organizations like the American Civil Liberties Union pursue their fanatical secular cleansing agendas," said American Legion California Department Commander Wayne Parrish.

Parrish said the Legion intends to "fight back" through its new California Defense of Veterans Memorials Project, which will be directed by a former ACLU staff attorney, Legionnaire Rees Lloyd.

The project will include involvement in litigation through cooperation with the Alliance Defense Fund, a public-interest legal alliance with more than 850 attorneys.

The American Legion Department of California has about 130,000 war-time veteran members. About 2.7 million veterans are members of the Legion nationwide.

American Legion National Commander Thomas Bock has joined Rep. Duncan Hunter, R-Calif., and San Diego Mayor Jerry Sanders in calling on President Bush to use his executive powers to save the cross at the Mount Soledad Veterans Memorial by making it make the part of the federal park system

Before the court issued its order to tear down the cross, 76 percent of San Diego voters chose to save the memorial by transferring it to the federal government.

Sanders met with White House lawyers in Washington, D.C., earlier this week to ask Bush to issue an executive order. Hunter, R-Calif., also discussed the issue with Vice President Dick Cheney.

The American Family Association has launched a campaign asking citizens to send an e-mail to the president to effectively take "the case out of Judge Thompson's hands" by signing an executive order transferring the land to the National Park Service.

A group formed last year to save the cross, San Diegans for the Mt. Soledad National War Memorial, has filed papers in the U.S. District Court in San Diego asking to intervene in the case, the first step in an appeal to the 9th U.S. Circuit Court of Appeals.

Yesterday, Rev. Patrick Mahoney of the Christian Defense Fund and Rob Schenck of the National Clergy Council planned a press conference at the Soledad site to urge supporters to come to San Diego to help save the cross.

Mahoney said in a statement "it must be constantly stressed that the Constitution promises freedom of religion not freedom from religion."

"Therefore, we are issuing a national call for the faith community and people of good will to come to San Diego and peacefully intervene to prevent the removal of the cross," he said. We can no longer be silent as our freedoms and history are being stripped away."

[Soldier4Christ]

San Diego Appeals Ruling to Remove Giant Cross

Hours before a court-ordered deadline, San Diego on Friday asked courts to stay a ruling by a federal judge who ordered a giant concrete cross removed from city-owned land. But Mayor Jerry Sanders signaled that if its appeal fails, the cross will come down and bring an end to a 17-year legal battle.

The city appealed a ruling by U.S. District Court Judge Gordon Thompson, Jr., who ordered the city to take down the 29-foot cross before Aug. 2 or pay daily fines of $5,000.

Thompson's May 3 ruling, which he described as "long overdue," found the cross to be an unconstitutional display of government preference of one religion over another. The city had until Friday to seek a stay of Thompson's ruling.

 City Attorney Mike Aguirre filed a request for a stay with the 9th U.S. Circuit Court of Appeals in San Francisco. The city filed a related appeal Wednesday challenging the judge's ruling in favor of atheist Philip Paulson, who sued over the cross that has stood for a half-century on public land atop Mount Soledad in La Jolla.

Aguirre said he did not expect the appeal to succeed, but maintained that the city had a duty to exhaust its options in order to respect the will of voters who approved a measure designed to preserve the cross. Both Aguirre and Sanders said that they would respect the appellate court's decision.

"If for any reason the stay is not granted, the city will observe the judge's ruling," Sanders said Friday. "In no case will the city pay a fine as a direct result of the judge's ruling."

Ever since Paulson filed suit in 1989, the city has tried to sell the property to a private buyer. But federal courts have repeatedly blocked the sale, saying the transactions were designed to favor a buyer who would maintain the cross. The U.S. Supreme Court refused to hear the city's appeal in 2003.

San Diego voters overwhelmingly approved a ballot proposition last year to transfer the land beneath the cross to the federal government. That measure was designed to absolve the city of responsibility for the cross under the existing lawsuit, but a Superior Court judge found the proposition to be unconstitutional. The city also is appealing that decision.

In May, Sanders and Rep. Duncan Hunter, R-Alpine, the chairman of the House Armed Services Committee, asked President Bush to exercise his power of eminent domain and preserve the cross. Sanders said Friday that the White House had not yet indicated whether it would act.

The cross was erected in 1954 to honor Korean War veterans.

[Soldier4Christ]

Slain Marine's parents appeal to Bush to save cross
Officer killed in Iraq memorialized under symbol threatened by court order

The parents of a Marine who died in Iraq are urging President Bush to help ensure their son continues to be memorialized under a historic cross threatened by a judge's order.

Robert and Sybil Martino want the federal park service to take over the Mt. Soledad war memorial site from the city of San Diego, which is at the center of a 17-year dispute begun by an atheist charging the cross violates the so-called "separation of church and state."

The Martinos' son, Capt. Michael Martino, was killed in action in Iraq last November when his Cobra helicopter was shot down by a Russian shoulder-mounted SA-16 surface-to-air missile.

As WorldNetDaily reported, U.S. District Judge Gordon Thompson ordered the city of San Diego May 3 to remove the mountain-top cross within 90 days or face a fine of $5,000 a day. Thompson ruled the 29-foot structure unconstitutional in 1991, but the case has remained in courts and become an issue of public policy.

In a letter to Bush, the Martinos write, "Our son loved his country and the many rights and liberties it provided. … Our son died with a strong belief that he was fighting to preserve the freedom of all Americans. Please let us have OUR freedom from activist judges and their personal interpretation of our Constitution."

The Martinos also have asked military veterans Sen. John McCain, R-Ariz., and Rep. Duncan Hunter, R-Calif., to approach the president.

Last month, members of the slain officer's Camp Pendleton unit, which recently returned from Iraq, dedicated a plaque at Mt. Soledad to commemorate his legacy. More than 300 fellow Marines stood in line for over three hours to pay their respects to the parents.

The Martinos expressed "the feelings of honor [they] felt at having their son memorialized for all time under the cross at Mt. Soledad."

The parents said "there is no better place on the West Coast to honor our fallen heroes than under that cross overlooking the country they fought and died to preserve."

Robert Marino, noting the cross's existence in one form or another since 1913, contends the Soledad cross "is no more an affront to personal beliefs than the thousands of crosses at Arlington."

Michael Martino, 32, was awarded posthumously a Purple Heart and promoted to the rank of Marine major. He enlisted in the Marine Corps after graduating from the University of California at San Diego.

His father characterized him "as a determined young man who was focused and always gave it his all."

According to Marine Maj. Thomas Dolan, Michael Martino "routinely demonstrated valor and poise despite the chaos" of war. ...

"He did a lot of dangerous work yet ... always played down what he did," Dolan said.

Col. Thomas D. Weidley, Michael Martino's commanding officer, said in a letter to the parents that their son "performed his duties above expectations. … He was always in the books, studying his aircraft, weapon systems and the enemy. One of the smartest pilots we have. … Sacrifice, selfless service and uncommon valor are the staples of this generation of American service members, to which Mike was a part. We miss him terribly. He will never be forgotten."

The Martinos are disturbed that one atheist would be allowed by the courts to dismantle a cross that forms a significant part of the historic war memorial.

In a letter to McCain, the Martinos asked, "is it fair to the majority and to those who have served or have fallen in the service for our nation who wish to keep the cross to appease a few who look to strip all religion from our country under a false interpretation of the separation of church and state? Our son died with a strong belief that he was fighting to preserve the freedom of all Americans."

Along with Hunter and McCain, the Martinos are asking newly elected Republican Rep. Brian Bilbray to help persuade the White House to federalize the site, making it a national war memorial.

The American Family Association has launched a campaign asking citizens to send an e-mail to the president to effectively take "the case out of Judge Thompson's hands" by signing an executive order transferring the land to the National Park Service.

[Shammu]

They may end up tearing the Cross down. Those of us that have seen the cross will remember.  There is one Cross they can never tear down though. The cross of Calvary!!

[Soldier4Christ]

They may end up tearing the Cross down. Those of us that have seen the cross will remember.  There is one Cross they can never tear down though. The cross of Calvary!!

AMEN!!