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Cross the Legal Barriers

Updated on March 15, 2011
Mount Soledad Cross
Mount Soledad Cross
Jewish Memorial
Jewish Memorial

Freedom of Religion

A federal appeals court ruled that a 43foot cross at a war memorial in San Diego was unconstitutional.

I can understand that the American people do not want to show religious prejudice in any way. However I do not see what possible effect this cross can have on the constitution.

The cross in question is situated at MountSoledad overlooking the ocean. The first cross was placed there in 1913 and has twice been replaced, the last time being in 1954.

In 1980 a district court decided against a law suit put forward by Jewish War Veterans and allowed the cross to remain. Now the appeals court has said that the district court were wrong in their decision.

The problem seems to stem from the fact that the cross itself, stands on Government land, where supposedly at other memorials, although the graves are on Government land, any “memorial” cross, is on private land.

This cross is already there and has been for years. The appeals court did not rule that the cross should be taken down, as it could be redesigned to incorporate a cross in a way that would "pass constitutional muster."

The court should state that this should not be allowed to happen again and recommend that the Government sell, at a nominal fee, the land the cross stands on, to a Christians veteran society.

After all, it was only a few years ago that the world was outraged at the Taliban for demolishing a Buddha carved in rock in Afghanistan. I see little difference in the situations. To be totally neutral, no religious monument of any kind should be mutilated in any way at any time, just to appease another religion. In 1913, when a cross was first erected and in 1954 when the present cross was erected, the land was owned by the City of San Diego and seems not to of have any objections from the families of the veterans at that time. The Government acquired the land in 2006 when obviously there had been complaints to the cross being there. It is at that time, that portions of land should have been assigned to any religious organizations interested.

True freedom of religion means, you can have no objection to going to a Church which has a Mosque on one side and a Synagogue on the other.


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      Druid Dude 7 years ago

      The wording concerning freedom of religion, I'm sure you know, runs like this: Congress shall make NO LAW concerning an establishment of religion, or the free exercise thereof. I think the Supreme Court is overstepping it's boundaries, and circumventing the Constitution AND the Bill Of Rights. And we allow them to. I'm about to give them a few migraines with this.