Here in San Diego, there's a cross on top of scenic Mt. Soledad, it was built in the 1920's.
For over decade, atheist organizations and civil libertarians have argued it was illegal display and the courts agreed.
After November 2nd, amidst talk of a new era of *moral* values was word Washington was coming to the rescue of the Christian community - who would've guessed these Friends of Rummy had the time, after throwing a monkey-wrench into the spending bill that effectively gutted the 9-11 Commission's recommendations for change?:
Congress acts to save crossCongress last night joined the fight to keep the Mount Soledad cross in place by naming it a national veterans memorial.
The designation, inserted by two local congressmen in a voluminous spending bill that requires President Bush's approval, raises more questions about the fate of the symbol that has been at the center of an emotional 15-year legal battle.
Christian activists hailed the development yesterday. Civil libertarians, however, said it would not stop a plan to move the cross from city land in La Jolla to comply with a federal court injunction that has been on hold since 1991.
The fate of the cross has been uncertain since two atheists and a group called the Society of Separationists sued the city in 1989. They successfully argued the cross's presence violated the state constitution's "no-preference clause" that prohibits religious symbols on public land.
Reps. Duncan Hunter, R-El Cajon, and Randy "Duke" Cunningham, R-Escondido, inserted the designation.
Assuming Bush signs the spending bill, the cross, estimated to be between 29 and 43 feet high, and a surrounding set of granite walls and plaques honoring veterans would become part of the national park system. That is, if the city agrees to donate the land.
Philip Paulson, an atheist who has continued the legal challenge, declined to say what effect Congress' move might have on his lawsuit. But he did comment on the political developments in his first public remarks in years.
"Jihad Jesus Republicans need to understand that the separation of church and state has kept this country from getting into religious wars," Paulson said. "... If God was powerful, there would not be a need for the government to go in and force a religious agenda on nonbelieving citizens."
Federal judges declared unconstitutional the city's sale of the landmark and the ground around it in 1994 and again in 1998 because the transfers favored a group that wanted to preserve the cross.
On Nov. 2, voters shot down Proposition K, a plan to authorize a new sale of the cross to cure the constitutional violation. In placing the measure on the ballot, the City Council agreed to move the cross if voters rejected it.
Recently, lawyers for the Thomas More Law Center, a national group that fights for Christian ideals in court, have urged Congress to declare the cross a public park to prevent it from being taken down.
Hunter, Cunningham and Darrell Issa, R-Vista, were all lobbied by the Thomas More Law Center to preserve the cross.
"I hope this will resolve the issue for good," Murphy said in his statement.
Jordan Budd, the legal director of the American Civil Liberties Union of San Diego & Imperial Counties, had an alternate view of the politics at play.
"This is just more unfortunate political gamesmanship and grandstanding when what this city really needs is a solution that acknowledges the constitutional violation and deals with it," Budd said.
Cunningham said he and Hunter pushed to add the veterans memorial designation for the cross into a $388 billion spending bill. Few had digested that huge piece of legislation before its approval yesterday.
They inserted the provision into the bill Friday, Cunningham said, without asking for a written legal opinion from an attorney on whether it would allow the church to remain at its current location.
"I'm just an old fighter pilot," Cunningham said. "I'm not a lawyer. I imagine the ACLU, those rascals, will try to do something, but I'll figure out a way to beat them."