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Attacking Jesus? Mt. Soledad Cross Unconstituional

Hat tip: California Conservative
Time Hath Found Us.
Mt. Soledad Sunset
“We need to attack Jesus…”
- atheist Philip Paulson, who filed a lawsuit challenging the presence of the cross on city land in 1989.

A California judge has ruled that San Diego’s Proposition A, a voter initiative to preserve the Mt. Soledad War Memorial by transferring the property to the National Parks Service, is “unconstitutional.”

The proposition, which was approved in July by over 75 percent of San Diego voters has now been invalidated by the opinion of one judge.

AP/10News reports:

Judge Patricia Cowett found Friday that maintenance of the cross is an “unconstitutional preference of religion.”

Cowett also said transferring ownership of the 43-foot cross and surrounding property to the federal government is an “unconstitutional aid to religion.”

“The court hereby finds the ordinance placing Proposition A on the ballot and Proposition A unconstitutional, and therefore invalid and unenforceable. Maintenance of this Latin Cross as it is on the property in question, is found to be an unconstitutional preference of religion in violation of Artical I, Section 4, of the California Constitution, and the transfer of the memorial with the cross as its centerpiece to the federal government to save the cross as it is, where it is, is an unconstitutional aid to religion in violation of Artical XVI, Section 5, of the California Constitution.” read the entire ruling.
The city has been embroiled in a 15-year legal battle over whether the cross’ presence atop city-owned parkland violates the separation of church and state.

The city has attempted twice to sell the property to the Mount Soledad Association, but federal courts have overturned the sales because they said the transactions favored a buyer who would preserve the cross.

San Diegans for the Mt. Soledad National War Memorial, sponsors of Proposition A, offer swift reaction to the ruling. Soledad National Chairman Phil Thalheimer was appalled by the decision:

“We completely disagree with Judge Cowett’s ruling. Like so many of our most treasured national monuments that employ faith emblems, Mount Soledad is a secular memorial dedicated to those who sacrificed in the cause of freedom.

This ruling is a slap in the face to both veterans and voters-seventy-five percent of whom voted to keep Mount Soledad as it is, where it is. This smacks of the worst kind of judicial activism. Judge Cowett already attempted to undermine the preservation of this sacred symbol by forcing a minimum 2/3 supermajority for passage just a few days before the July 26 election.

As we predicted, the people rose to the occasion and overwhelmingly approved Proposition A. Now, Judge Cowett wants to change the rules after the game has already been played. It is this very kind of radical activism from the bench that risks turning democracies into dictatorships.”

And this isn’t the first time. More examples abound. From Prop. F to Prop. K to Prop. A, the history of Mt. Soledad illustrates the influence of atheists and judicial activists to railroad with majority will of the people.

In 1954, a cross was erected on Mount Soledad to honor veterans of the Korean War. In 1991, a federal court ruled the presence of the cross on City property violated the California Constitution. To correct the violation, the City sold a portion of parkland surrounding the cross to the Mount Soledad Memorial Association. The San Diego City Charter requires the sale of parkland be authorized by a two-thirds vote of the electorate. The citizens of San Diego provided this authority in 1992 when 76% of voters approved Proposition F, thereby authorizing the City to sell a portion of Mount Soledad to preserve this historic veteran’s memorial.

A federal court subsequently found the sale of the property to the Association violated provisions of the California Constitution prohibiting government support of religion. As a result, the City conducted a second sale of the parkland around the cross, this time through a competitive bid process. The Association was the highest bidder, and, after taking possession of the property, constructed a memorial comprised of granite plaques in honor of our nation’s veterans. In a recent decision, the Ninth Circuit Court of Appeals ruled the conduct of the second sale to the Association also violated the California Constitution. The decision voided the second sale, and indicated that constitutional issues associated the previous passage of Proposition F in 1992 may actually invalidate the proposition.

Last November’s Proposition K was supposed to settle the matter. However, arguably misleading ballot statements resulted in mass voter confusion. Consequently, Proposition K failed to muster a two-thirds majority, thus leaving the integrity of the memorial in jeopardy.

On March 8, the City Council voted 5-3 to reject the offer of the federal government. In direct response to that vote, “San Diegans for the Mount Soledad National War Memorial” conducted the most successful petition drive in San Diego history and submitted a record-shattering 89,000 signatures demanding that City Council rescind and reverse its March 8th decision. On May 17, the Council agreed to let the people decide the fate of the Mount Soledad Memorial by placing the issue on the July 26 special mayoral election ballot.

See the Official site
When did our nation come under the power of judges? Isn’t it supposed to be of the people and for the people? When will the perverting of Constitution come to a stop? The people spoke, and the people were overruled. Is that really a democracy? Is this what our founding fathers intended. Is this truly the land of the free? Its sad that our perverted and secularized nation wants us to reject crosses in public, but accept cross dressers.

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Posted by Jay on October 7, 2005 10:06 pm

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11 Responses to “Attacking Jesus? Mt. Soledad Cross Unconstituional”

  1. pantheria on October 7th, 2005 10:48 pm

    my mom would say : I these preversion is only the work of the devil himself , parading around like an atheist ,

    I hates these thugs , dont they have anything better to do with themselves …

  2. Bobbi Madonna on October 7th, 2005 11:01 pm

    When Christians turn away from God and do nothing, all hell will break loose. Just WHAT are Christians doing about the devil removing this cross? Talking, writing and complaining won’t get it done. The devil knows Christians are peacemakers and will DO nothing. So, what can we expect the devil would do? Just what he is doing – through his servants. Faith without action is dead. What are YOU doing about this godless assult?

  3. Jay on October 7th, 2005 11:09 pm

    What do you suggest Bobbi?

  4. Dethanial on October 7th, 2005 11:31 pm

    We found one revolution brought on my religion, why can we fight another one?

  5. chrys on October 8th, 2005 12:13 am

    There are very few memorials for Korean War Veterans already. Considering some of the “dorky” National Parks (husband works at one) this “so called” judge was nominated by “Cracker Jack”. Citizens have had their say. Is there a record of anyone forcing this man to bow down before the memorial?!? It may help to build a case stating mental harm, destruction of monument to men who may not have returned home (making this the only place relatives of those men can go) and destruction of freedom of religion by this memorial’s removal.

  6. Amy Proctor on October 8th, 2005 10:54 am

    This just burns me up. Let’s establish a nation on a Judiac-Christian foundation, which affords all basic respect, protection, equality and happiness, then after those have been established, destroy the foundation so a new type of anti-Christian dictatorship can reign in America. The ACLU is like a guy who marries a woman and after he’s had his way with her on the honeymoon (ie., she served his purpose) he claims all bets are off, gets a divorce and hires a hit man to leave no trace of her existence.

    The ACLU wouldn’t make it a DAY in any middle eastern country if they attacked and tried to tear down Islam in those countries. They’d be hung.

    You guys keep up the great work of exposing the ACLU. All you have to do is report what they actually do and it’s so appalling it strengthens the movement against them.

  7. TrekMedic251 on October 8th, 2005 1:37 pm

    Jay,..I’ve posted this and my own response.

    Click on my name for the link.

  8. bob on October 8th, 2005 11:23 pm

    “We need to attack Jesus…”
    - atheist Philip Paulson, who filed a lawsuit challenging the presence of the cross on city land in 1989.

    We need more of this here in america. The christians are putting up a pretty good fight but, ultimately, they will fail. (seeing as thier religion is falling apart in favor of Islam)

  9. drougnor on October 9th, 2005 5:12 pm

    Wow, you know, last time I checked, being a Christian, and having faith in Christ as the Son of God and the one true Messiah had nothing to do with a symbol . . . Or, if you will, an IDOL! Yah, that’s right, you guys are freaking out because you want to commit freaking idolitry . . . At least, that’s my take.

    And aren’t you worried in the least that Christ might NOT want to be associated with the device he was TORTURED and KILLED on?

    Bah, I doubt you’ll even understand what I’m getting at . . . But it boils down to this . . .

    Let em take down the cross. It’s an item, something that can be replaced. So, take a page from Christ’s own teachings, turn the other cheek, and move on.

    AND STOP TRYING TO FORCE YOUR WAY OF LIFE ON OTHERS, while we’re at it! He didn’t teach that!

  10. Jay on October 9th, 2005 5:16 pm

    I can see your point about idols, but that isn’t the point here. You speak of forcing your way of life on others, that is exactly what the ACLU is doing here. The people spoke, and voted to keep this memorial to our veterans, and groups like the ACLU, and radical judges “forced their view” on these people.

  11. ron on October 9th, 2005 8:02 pm

    Tough drougnor. Don’t like it go to some other nation.

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