SAN DIEGO — A California state appeals court Nov. 30 handed a victory to supporters of the Mount Soledad cross war memorial in San Diego, ruling that a 2005 voter-approved proposition transferring the property from the city to the federal government was constitutional. The unanimous ruling by the three-judge panel overturned a decision by a trial court judge, who last year struck down the initiative, which was known as Proposition A and passed by 76 percent of San Diego voters. The memorial, officially known as the Mount Soledad Veterans Memorial, was dedicated in 1954 as a memorial to veterans of the Korean War, although it now honors veterans of all wars and includes hundreds of black-granite plaques honoring past veterans. It stands 29-feet tall, 43-feet tall including its base.
The cross has been at the center of a legal battle since 1989 when Phil Paulson, an atheist and veteran, filed suit seeking to remove the cross by arguing, among other things, that it violated the U.S. Constitution’s and California Constitution’s prohibition on government-established religion. Since then, multiple appeals and additional lawsuits have been filed. Paulson died in late October.
Share with others: