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 The decision by U.S. District Judge Larry Burns marks the latest
development in a long-running legal battle over the 43-foot-tall
cross, a local landmark that has stood on top of Mount Soledad since
1954 and is visible for miles.
Burns stayed his order to give the Obama administration and the
association that erected the cross, which have fought its removal
all the way to the U.S. Supreme Court, a chance to file another
appeal. Otherwise, he said, the monument must be taken down within
90 days.
"This is a victory for religious liberty," said Daniel Mach,
director of the American Civil Liberties Union's program on freedom
of religion and belief who argued the matter for the plaintiffs in a
hearing before Burns on Thursday.
"We firmly support the government's efforts to honor the service of
those who fought and died for this country, but there are many ways
to do that without playing favorites with religion," Mach said.
The case hinged on whether it is legal for a religious symbol to be
prominently displayed on public land and whether the cross violated
the U.S. Constitution's requirement on separation of church and
state.
The Mount Soledad cross has been the subject of litigation since
1989, when two veterans sued San Diego to get it off city land. In
2006, Congress intervened in the dispute, resulting in the federal
government taking ownership of the property.
A group of plaintiffs, including the Jewish War Veterans of the
United States of America, then sued. The U.S. Ninth Circuit Court of
Appeals court ruled that the dominance of the cross conveyed a
message of government endorsement of religion.
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The Obama administration and the Mount Soledad Memorial Association,
which erected the cross, appealed to the U.S. Supreme Court,
supported by 20 U.S. states and various veterans groups in arguing
the cross should be allowed as part of the memorial.
In June 2012, the Supreme Court declined to take the case, letting
the Ninth Circuit's ruling stand. In ordering that the cross be
taken down, Burns said on Thursday he did not agree with the Ninth
Circuit's ruling but that his hands were tied.
The cross, located between the Pacific Ocean and a major interstate
highway, is surrounded by walls displaying granite plaques that
commemorate veterans or veterans groups. Easter services were held
annually at the cross from 1954 until at least 2000, according to
court documents.
The Mount Soledad Memorial Association, which erected the cross in
place of another cross that had stood on that spot since 1913, could
not immediately be reached for comment on Thursday's ruling.
(Reporting by Dan Whitcomb; editing by Cynthia Johnston and Cynthia Osterman)
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