Mt. Soledad

[Soldier4Christ]

San Diego to Appeal to Keep Mt. Soledad Cross
by Pete Winn, associate editor

A citizen's group is asking for your help in keeping a 50-year-old symbol on public land.

The city of San Diego will appeal this week's decision by the 9th Circuit Court of Appeals upholding a ruling that ordered the city to remove the cross from the Mt. Soledad War Memorial by Aug. 1.

The city faces fines of $5,000 a day until it complies.

"The next stop in this case is the United States Supreme Court," American Center for Law and Justice Chief Counsel Jay Sekulow said. "The city is going to file a petition for review, but also ask for a stay of the judge's order. In fact, we're preparing a brief supporting the city right now."

San Diego Mayor Jerry Sanders said he has asked City Attorney Mike Aguirre to file the petition asking the nation's highest court to take the case, which has raged for 17 years.

U.S. District Judge Gordon Thompson ruled in May that the city must remove the cross because it violates the Establishment Clause of the U.S. Constitution. The 9th Circuit upheld that decision Wednesday.

Mayor Sanders said the city intends to defend the cross because the Mt. Soledad War Memorial is "part of our history as a city; part of our cultural fabric."

A San Diego citizens committee cheered the appeal. Phil Thalheimer, chairman of San Diegans for the Mt. Soledad War Memorial, said his group was delighted that the city will continue defending the 29-foot cross.

"We've been hoping that would happen all along," Thalheimer told CitizenLink. "We believe that this is a seminal case and that it really belongs in the Supreme Court."

Historically, there has been a cross where the current one stands for more than 90 years, the San Diego businessman said. There has been a memorial to Korean War veterans for more than 50 years, and the current cross has been the central feature all during that time.

Thalheimer said his group thinks the cross at the war memorial is a symbol of faith that the American Civil Liberties Union (ACLU) is determined to bring down.

"The ACLU has decided this will be the test case," he said. "If they can bring that monument down, they will carry that victory on to other symbols of faith — crosses, stars and maybe even crescents — and say, 'Look, we've already won in San Diego after 17 years; you can't beat us, so just capitulate.' "

In July 2004, more than 75 percent of voters in San Diego passed a ballot measure, Proposition A, to allow the city to give the Mt. Soledad cross — as well as the veterans' memorial — to the federal government to be placed under the jurisdiction of the National Parks Service.

Unfortunately, in his decision, Judge Thompson nullified that plan — and the 9th Circuit agreed.

"The 9th Circuit, as it has in so many cases, simply got it wrong," Sekulow said. "Remember, it was the 9th Circuit Court of Appeals that said the Pledge of Allegiance was unconstitutional, so you've got appeals-court judges who have this hostile view of religion, and believe that any public acknowledgement of faith is off-limits."

The civic group supporting the cross is calling on President Bush to help.

"What we've asked people to do is, through e-mails and phone calls or whatever method they want, to put pressure on the White House to make (the land's transfer to federal jurisdiction) happen," Thalheimer said. "And they need to make it happen in the next 21 days.

San Diego can't really afford to pay the $5,000-a-day fines, if the appeal fails.

"To put that into perspective, that would be the equivalent of keeping a city pool open for a week," he said. "The city simply cannot afford to eat that kind of fine."

In the end, there is a lot more at stake with the Mt. Soledad cross than meets the eye.

"I'm Jewish, a practicing Jew, and my family is Jewish," said Thalheimer, the son of Holocaust survivors. "But I'm standing for this monument because I think it's a freedom-of-speech issue — the right of people to express their religious views. It's exactly what happened in Nazi Germany in the 1930s, where the symbols of faith were taken down at the rise of fascism.

"We can't let that happen here. We're not going to."

TAKE ACTION
Please contact President Bush and ask him to direct the National Parks Service to honor the wishes of San Diego citizens and acquire the Mt. Soledad War Memorial, the Mt. Soledad Cross, and the land they sit on.

[ibTina]

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!!

        WOW... that is BIG and AWEOME!!!!!!!!!


          In Christ.. Tina

[Shammu]

        WOW... that is BIG and AWEOME!!!!!!!!!


          In Christ.. Tina

Just like Christ sister, He is awesome!!

[airIam2worship]

Amen, they cannot undo what Jesus did on the cross, they can try to ignor Him, but there will come a day when they will have to bow down to Him and admit the He is Lord of Lords and King of Kings. And no matter whether they want to bekieve in Him or not or honor Him or not that doesn't mean that He doesn't exist and that they won't have to pay for it.

[Shammu]

Amen, they cannot undo what Jesus did on the cross, they can try to ignor Him, but there will come a day when they will have to bow down to Him and admit the He is Lord of Lords and King of Kings. And no matter whether they want to bekieve in Him or not or honor Him or not that doesn't mean that He doesn't exist and that they won't have to pay for it.

AMEN sister, AMEN!!

[Soldier4Christ]

Amen to what you have said here sister.

This cross argument is not only the points you have made but it is more. The ACLU is doing what they can to remove this from here when it is what the people that are buried there want. The ACLU wants crosses removed from cemetaries that honor our fallen Military unless that cross has a pagan symbol on it. There are a few such crosses across the U.S. that do have pagan symbols on them yet the ACLU has done nothing but to protect them. This is just one more proof that the ACLU and the liberal judges of this nation are anti-Christian and want no display of anything that reminds them of Christianity in public view.

[airIam2worship]

They cannot however erase God from existance, they remind me of little babies that think they can hide from you by closing their eyes. Well

ACLU Listen to this: There is a GOD, He is BIG, you cannot remove Him, you are here because He allows the sun to shine on the wicked as well as on the righteous, and the day will come when you will be gnashing your teeth, and burning for eternity, you will have it your way, but you will have the rewards of the god that you are serving now, satan, himself.

[Soldier4Christ]

Mt. Soledad Case Goes To Supreme Court

    Yesterday evening the City Attorney in San Diego along with Mayor Jerry Sanders decided to take the Mt. Soledad case to the Supreme Court of the United States. I have already assembled one of our Supreme Court teams to file briefs on behalf of the Members of Congress that we represent, as well as ACLJ Members across the country in this important case. It appears at this time that the City will be asking for both a stay of the Ninth Circuit decision as well as a petition for writ of certiorari. The stay of the decision will allow the monument to remain while the litigation is pending at the Supreme Court. The petition for certiorari will ask the Court to grant plenary review of the Ninth Circuit decision.

    Generally, under Supreme Court practice, the Circuit Justice in charge of the Ninth Circuit Court of Appeals has the authority to grant the stay. In this case, the Circuit Justice is Anthony Kennedy. Justice Kennedy can either grant the stay, deny the stay, or refer the stay to the entire Supreme Court for determination. It takes five votes to obtain a stay. In order for the case to be reviewed by the Supreme Court on the merits, it only takes four votes.

California Conservative gives us the background from the 9th Circuit’s decision.

According to Thomas More Law Center

    ANN ARBOR, MI – “A three–judge panel of the Ninth Circuit Court of Appeals has refused to stay Federal District Judge Gordon Thompson’s order to remove the Mt.Soledad Cross pending an appeal. Thus, the City of San Diego must remove the Cross by August 1, 2006, or face fines of $5,000 per day thereafter. In its decision, however, the Ninth Circuit scheduled oral arguments on the matter for the week of October 16, 2006, weeks after the Cross is to be removed. The 43- foot Cross was erected in 1954 and currently is the centerpiece of a national memorial honoring American veterans of all wars.

    The Thomas More Law Center, a national public interest law firm based in Ann Arbor, Michigan, has been fighting to save the Cross since 2004 when it received information that the private memorial association operating the memorial site and the City were about to agree to settle the case, which had been on going for 15 years, by removing the Cross.

    Richard Thompson, the Law Center’s President and Chief Counsel, commented on the recent order: “It is an outrage and insult not only to Christians, but people of all faiths, that this memorial site to our veterans and fallen war heroes would be desecrated by removal of a universally recognized symbol of sacrifice just because one atheist was upset about it. We will continue our legal fight to save the cross. A quick answer to the current legal challenge would be for the federal government to step in and take the land under its power of eminent domain. So far they have remained silent.”

    Continued Thompson, “The Cross and memorial honors those Americans of all faiths who have given their lives to preserve our religious freedom; we are now called upon to do whatever it takes to prevent the courts from destroying the Cross that symbolizes our religious heritage and their sacrifice.”

What can I say that I haven’t said before? While the decision to go to the Supreme Court is potential good news, they still need to put a stay on the 9th Circuit’s decision. This entire episode could be solved if President Bush can be urged to intervene.

The Unalienable Right:

    “The activist liberal 9th Circuit Court of Appeals has essentially sided with those who want to destroy the Mt. Soledad war memorial.

    He obviously has a lot on his plate right now, but it would be great if the president stepped in to help save the war memorial. All of our civilization’s enemies aren’t over in the Middle East.”

More from this press release:

    “The national Catholic based advocacy group Fidelis delivered an impassioned letter Friday to the White House urging President Bush to intervene in the 16-year-long legal dispute over the Mt. Soledad Veterans Memorial. The 52-year-old veterans memorial outside San Diego has been under attack by an anti-Christian atheist because the memorial includes a 29-foot cross.”

[Soldier4Christ]

Bush seeking reprieve for San Diego cross
Snow: Administration looking for ways to preserve veterans memorial

After telling WND yesterday he had an answer to a question about the battle over California's Mount Soledad cross, but didn't have it with him, presidential press secretary Tony Snow today provided a White House response to the controversy.

Yesterday, WND asked Snow at the press briefing: "In 2004, Congress designated the Mount Soledad 43-foot memorial cross in San Diego as a National Veterans Memorial. The San Diego City Council has voted against donating the land. And now, federal Judge Gordon Thompson has ordered the city to 'tear down this cross' by Aug. 1, or face fines of $5,000 a day. And my first of two questions: Can we count on the president to sign an executive eminent domain order transferring this land to the National Park Service, rather than allowing this destruction of a memorial to our Armed Forces dead?"

Responded Snow: "Believe it or not, I've got an answer to that, but I don't have it with me. … we have been asking for guidance on it, believe it or not, and so we will try to attach it as an asterisk. If it's not fully cooked, I'll make sure it's cooked tomorrow so you can ask me again."

Today, then, WND brought up the subject once more, to which Snow responded: "All right, we attached this as an asterisk yesterday, Lester, but I'll repeat it. Right now, the president and the administration are actively reviewing both administrative and legislative options for preserving that veterans war memorial."

WND also asked Snow about calls from commentators and lawmakers that the New York Times be prosecuted for divulging a secret financial-monitoring program used by the government to trace terrorists.

"Would you say that nothing the New York Times does would lead to prosecution, or if so, what?" asked WND.

Responded Snow: "Look, let me make this really clear. At the White House, we don't do legal referrals. That's the business of other people. I'm not getting involved in it."

[Soldier4Christ]

War hero, ex-senator asks Bush to save cross
San Diego landmark to be removed by judge's order next month

Former POW and U.S. senator Jeremiah Denton has requested that President Bush authorize the federal government to take over the site of a historic San Diego cross scheduled to be removed by a judge's order.

In a letter recently delivered to the president, the war hero requested the federal government exercise its power of eminent domain in order to maintain the land as a national monument.

As WorldNetDaily reported, U.S. District Judge Gordon Thompson ordered the city of San Diego to remove the 43-foot structure by Aug. 1 or face a fine of $5,000 a day. Thompson ruled the cross unconstitutional in 1991, but the case has remained in courts and become an issue of public policy.

The dispute was started by an atheist charging the cross – the centerpiece of a national war-veterans memorial – violates the so-called "separation of church and state."

Last week, a three-judge panel of the 9th Circuit Court of Appeals refused to stay the order. The court has scheduled oral arguments on the matter for the week of Oct. 16, weeks after the cross is to be removed.

Denton, a retired Navy rear admiral, spent nearly eight years as a POW in Vietnam. He was the first POW to tip off naval intelligence on the status of prisoners there by blinking his eyes in Morse code "t-o-r-t-u-r-e" during a televised interview taped in North Vietnam.

Denton has described how he clung to the only possession he had as a POW, a cross woven of bamboo strips given to him by a fellow prisoner.

Over the past month, the president has received more than 450,000 e-mails from various conservative and faith-based organizations to save the cross. The White House has informed a source from a well known pro-family organization who wishes to remain anonymous that it will respond to these requests soon.

Responding to a question from WND last week, presidential press secretary Tony Snow said: "Right now, the president and the administration are actively reviewing both administrative and legislative options for preserving that veterans war memorial."

Meanwhile, in Congress, Rep. Duncan Hunter, R-Calif., introduced this week a bill to save the war memorial in its present form.

Hunter said in a statement, the memorial "has been a fixture of our local community for over 50 years, honoring veterans of all wars, including the global war on terrorism."

Unfortunately, the congressman said, "this memorial and its proud history has been identified as offensive and in violation of the California state constitution by liberal judges who have sided with a self-proclaimed atheist receiving legal and financial support from the ACLU."

Pointing to a special vote last year in which 76 percent of San Diegans chose to preserve the cross, Hunter said Judge Thompson's ruling "ignores the mandate delivered by the people of San Diego County and turns this beloved memorial into a political test case for liberal activists and their agenda."

Hunter also called removal of the cross "an insult to the men and women memorialized on its walls and the service and sacrifice of those who have worn a uniform in defense of our nation."

"It is important that we exhaust every possible option for preserving this revered memorial and ensuring its continued presence atop Mount Soledad," he said.

Richard Thompson, president and chief counsel of the Thomas More Law Center, a national public-interest law firm that has battled to save the cross since 2004, says a quick solution would be for the federal government to step in and take the land under its power of eminent domain, but "so far they have remained silent."

In 2004, Congress paved the way for the cross to be preserved by designating the structure and the land on which it stands a national veterans memorial. The congressional action authorized the Department of the Interior to accept the property as a donation, to be administered under the National Park System.

Despite widespread support, however, the San Diego City Council declined to make the donation, prompting formation of a grass roots organization, "San Diegans for the Mt Soledad War Memorial," headed by Jewish businessman Philip Thalheimer.

The group led a petition drive, obtaining more than 100,000 signatures calling on the council to reverse its decision. The council put the question to voters in the special election in which 76 percent chose to preserve the cross. State Court Judge Patricia Cowett, however, ruled the proposition violated the California constitution. Her order is under appeal.

The American Family Association has launched a campaign asking citizens to send an e-mail to President Bush 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]

I'll sign that pettion, if it's National Park, we all can sign.

[Soldier4Christ]

It is a petition for the federal to assume the park so we all can sign it.

[Soldier4Christ]

"The will of the people is the only legitimate foundation of any government, and to protect its free expression should be our first object."
  --  Thomas Jefferson



Efforts to Save Mount Soledad Memorial Face Deadline

Activists trying to protect the Mount Soledad veterans' memorial in San Diego, Calif., say the Fourth of July weekend would be the perfect time for President Bush to appeal to his conservative base by taking federal possession of the monument under eminent domain.

The American Civil Liberties Union argues that allowing the 29-foot-tall cross to remain in a public park is an unconstitutional government endorsement of religion.

"If you've got 76 percent of the voters voting to save the cross, and you've got this groundswell of support from a lot of faith-based organizations ... it would make sense [to take action]," Richard Thompson, president and chief counsel of the Thomas More Law Center told Cybercast News Service.

"Obviously the Fourth of July would be a great time to do it," added Thompson, whose firm represents the group "San Diegans for the Mount Soledad National War Memorial."

The Mount Soledad cross was built in 1954 as a memorial to Korean War casualties and veterans. Since that time, the monument has expanded to add six granite walls featuring plaques of names and photos of veterans of the Korean and other wars.

The battle over the cross began in 1991 when Federal District Court Judge George Thompson ruled in favor of atheist Philip Paulson and ordered the city to remove the cross, citing the "no preference" clause of the California Constitution, which guarantees free exercise of religion without discrimination or preference.

In response, the city sold the land to the Mount Soledad Memorial Association, but that sale was later ruled unconstitutional. The legal battle continued for more than a decade as further sales and other efforts to protect the monument were ruled unconstitutional, including a proposal to transfer the memorial to the federal government, which was supported by a 76 percent margin of voters in July 2005.

In May 2006, Judge Thompson told the city to comply with his 1991 order by removing the cross before Aug. 1 or face a $5,000-a-day fine.

The American Civil Liberties Union, which represents Paulson in his efforts to have the monument removed, argued that allowing the cross, and another like it on Mount Helix, to remain amounts to a governmental endorsement of religion.

"They are prominent features atop hillsides in publicly-owned parks," Linda Hills, executive director of the ACLU of San Diego & Imperial Counties, told the San Diego Union Tribune in 1998. "Their Christian import is clear and has been acknowledged by the courts. Their maintenance by the City and County, respectively, is tantamount to a governmental endorsement of Christianity.

"Their presence places a burden on the enjoyment of the parks by non-Christians," Hills added.

But Thompson disagreed, saying that the cross has a meaning that transcends religion.

"It would be a devastating tragedy that we would not recognize the sacrifice of these veterans and their families by honoring that with a cross, which is a universal symbol of sacrifice," he said.

The Ninth U.S. Court of Appeals denied a request to stay Judge Thompson's decision, limiting the options for those working to protect the Mount Soledad cross. The law center filed an emergency motion with the U.S. Supreme Court Monday to stay Judge Thompson's decision. Associate Justice Anthony Kennedy will review that motion.

Rep. Duncan Hunter (R-Calif.) also introduced the "Mount Soledad Veterans Memorial Protection Act," Monday evening. The bill would transfer possession of the memorial to the federal government. The U.S. Military already manages similar memorials, such as Arlington National Cemetery, which is maintained by the Department of the Army, Thompson said.

"Removing this long recognized and respected landmark is an insult to the men and women memorialized on its walls and the service and sacrifice of those who have worn a uniform in defense of our nation," Rep. Hunter said in a statement. "It is important that we exhaust every possible option for preserving this revered Memorial and ensuring its continued presence atop Mt. Soledad."

Thompson said the problem efforts to save the memorial are facing now is lack of time.

"The most effective way to save the cross before August 1 would be for the President to act," he said. "That is the most promising as far as keeping the cross there before the deadline."

Rep. Hunter and San Diego Mayor Jerry Sanders are also asking President Bush to intervene.

"Please use [your authority]...to begin immediate condemnation proceedings and bring this National Veterans' Memorial into the Federal Park System," Rep. Hunter wrote President Bush in May. "It would be a national travesty to have this veterans' memorial dismantled against the overwhelming majority of San Diego residents and federal legislative intent."

Thompson warned, however, that intervention by the executive branch does not guarantee that the battle will end.

"Even if the federal government takes over, that doesn't necessarily end the case, it just makes the previous litigation moot," he said. "If Paulson wants to start a new lawsuit challenging some aspect of the federal government taking over, he can certainly do that."

But Thompson added that, if Paulson and the ACLU of San Diego, which did not return calls seeking comment for this article, want to continue their attack on the monument, his group stands ready to defend it.

"We have made a pledge to fight this battle to the end," Thompson concluded, "and we are doing that."

[Soldier4Christ]

Supreme Court justice
saves cross – for now
Kennedy steps in as 'national treasure'
weeks from removal by judge's order

Supreme Court Justice Anthony Kennedy intervened in a 17-year battle over a large cross on city property in San Diego, allowing the 29-foot structure to remain until its supporters complete a legal challenge.

As WorldNetDaily reported, U.S. District Judge Gordon Thompson ordered the city to remove the structure by Aug. 1 or face a fine of $5,000 a day. Thompson ruled the cross unconstitutional in 1991, but the case has remained in courts and become an issue of public policy.

The dispute was started by an atheist charging the cross – the centerpiece of a national war-veterans memorial – violates the so-called "separation of church and state."

Kennedy issued a stay, without comment, that stops any legal proceedings while supporters of the cross battle in court.

Last month, a three-judge panel of the 9th Circuit Court of Appeals refused to stay Judge Thompson's order. The court has scheduled oral arguments on the matter for the week of Oct. 16, weeks after the cross was scheduled to be removed.

In 2004, Congress paved the way for the cross to be preserved by designating the structure and the land on which it stands a national veterans memorial. The congressional action authorized the Department of the Interior to accept the property as a donation, to be administered under the National Park System.

Despite widespread support, however, the San Diego City Council declined to make the donation, prompting formation of a grass roots organization, "San Diegans for the Mt Soledad War Memorial," headed by Jewish businessman Philip Thalheimer.

The group led a petition drive, obtaining more than 100,000 signatures calling on the council to reverse its decision. The council put the question to voters in the special election in which 76 percent chose to preserve the cross. State Court Judge Patricia Cowett, however, ruled the proposition violated the California constitution. Her order is under appeal.

Lawyers for San Diegans for the Mt. Soledad National War Memorial said in their appeal to the Supreme Court that they wanted to avoid the "destruction of this national treasure."

Last week, former POW and U.S. senator Jeremiah Denton requested that President Bush authorize the federal government to take over the site.

In a letter recently delivered to the president, the war hero requested the federal government exercise its power of eminent domain in order to maintain the land as a national monument.

Over the past month, the president has received more than 450,000 e-mails from various conservative and faith-based organizations to save the cross. The White House has informed a source from a well known pro-family organization who wishes to remain anonymous that it will respond to the requests soon.

Responding to a question from WND last week, presidential press secretary Tony Snow said: "Right now, the president and the administration are actively reviewing both administrative and legislative options for preserving that veterans war memorial."

Meanwhile, in Congress, Rep. Duncan Hunter, R-Calif., introduced last week a bill to save the war memorial in its present form.

Hunter said in a statement, the memorial "has been a fixture of our local community for over 50 years, honoring veterans of all wars, including the global war on terrorism."

[Soldier4Christ]

Mt Soledad News — Kennedy Issues Four-Page Order


Justice Kennedy writes:

    “To begin with, the equities here support preserving the status quo while the city’s appeal proceeds. Compared to the irreparable harm of altering the memorial and removing the cross, the harm in a brief delay pending the Court of Appeals’ expedited consideration of the case seems slight.”

Thomas More Law Center has issued a release

    Charles LiMandri, the West Coast Regional Director for the Thomas More Law Center who has spearheaded the defense of the memorial cross, commented, “Justice Kennedy’s order shows that this case is far from over and that the principle arguments that we have been making are likely to succeed in preserving this memorial.”

I have to ask once again: Whose “liberty” is the ACLU defending here? Whose “rights” have been compromised? Why is it so important for the ACLU to eradicate all symbols their clients are simply “offended” by? This is a memorial to men who died to defend the freedom the ACLU and their single atheist client have abused for the 17 years they’ve fought their dirty sandbox war to tear down this cross. It just goes to show, nothing is sacred to the ACLU except their extremist agenda, not even the memory of American war dead.