Friday, January 7, 2011

Cross atop War Memorial Unconstitutional

The 43 foot tall cross on top of a San Diego war memorial is unconstitutional says a Federal appeals
court.

The United States 9th Circuit Court of Appeals says the cross on a
memorial dedicated to war veterans violates the separation of church and state.

In 2008 U.S. District Judge Larry Burns said the cross could stay, this ruling overturns Judge
Burns' decision.

The Appeals Court sent the case back to a trial judge to determine what modifications would
be required in order for the cross to be declared a Constitutional war memorial.

The American Center for Law and Justice (ACLJ) on behalf of 25 members of Congress
called the action a "slap in the face" to military veterans.

"This flawed decision not only strikes at the heart of honoring our military veterans, it
reaches a faulty conclusion that this iconic memorial, part of the historic landscape
of San Diego is unconstitutional," said Jay Sekulow, chief counsel of the ACLJ. "We
believe the appeals court got this decision wrong and we look forward to the case going
to the Supreme Court where we're confidant this decision will be overturned."

This battle is separate from the cross in the desert, which has been going on for years.

---------------- "And so the greatest of American triumphs... became a peculiarly joyless victory. We had won the Cold War, but there would be no parades." -- Robert M. Gates, 1996