Jun 23 2006
The 9th Circus Court denies stay in Mt Soledad case
For those not paying attention, a long running battle in San Diego has forced the city to defend itself from a disgruntled athiest who is demanding the city remove a 29-foot cross at the Mount Soledad National War Memorial.
This is one of those cases where I have to wonder why the person at the center of this, Philip Paulson is really doing this.
This is a war memorial, and if you honestly do not expect some sign of religious imagery, then you are being foolish. The cross has stood there since 1913 for crying out loud. Why is it such a threat to this guy? Is it really worth all the fuss he has poured into this?
Since 1989 every attempt the city has made to preserve this memorial, all of which are supported overwhelmingly by the community has ended in a court with a judge overturning them. It sickens me frankly.
Here is the latest chapter.
9th Circuit Court denies stay in Mt. Soledad cross lawsuit; supporters remain hopeful
Supporters of the 29-foot cross displayed at the Mount Soledad National War Memorial in San Diego picked up both a defeat and a victory June 21 as the 9th U.S. Circuit Court of Appeals chose not to suspend a $5,000 daily fine that a federal judge will impose if the cross is not moved, while California’s 4th District Court of Appeals said it will expedite a hearing on supporters’ behalf.
U.S. District Judge Gordon Thompson Jr. ruled in May that the city of San Diego would be fined for each day the cross remains on public grounds after a 90-day period that is set to expire Aug. 1. The city, led by Mayor Jerry Sanders, appealed the ruling, but the 9th Circuit refused to step in and grant a stay until appeals currently pending in state courts can he heard.
But there is still hope:
On the same day, the 4th District informed Charles LiMandri, attorney for the group San Diegans for the Mount Soledad National War Memorial, that the court would soon grant a hearing of an appeal of a ruling by California Superior Court Judge Patricia Cowett which said a ballot measure approved by 76 percent of the city’s residents was unconstitutional.
Proposition A would have transferred ownership of the cross property from the city to the federal government after President Bush signed a bill allowing the government to assume responsibility for it.
Chris Clark, pastor of East Clairemont Southern Baptist Church and a member of San Diegans for Mount Soledad, told Baptist Press he has no way of predicting when the 4th District might hear the appeal, but he hopes it is before Aug. 1.
“The encouraging thing there is that [the 4th District] court has a reputation for being a little more conservative in their rulings,” Clark said. “The thing that’s even more encouraging is if they go ahead and rule to overturn Cowett’s ruling, then at that point the property there at Soledad will then go ahead and — per Proposition A — be turned over to the federal government.
All I know is that I will never understand the hatred of religion these people have, and how they can take something as passive as a War Memorial and seek to destroy it out of their hatred. Honestly, someone explain to me why this is a problem. How is this hurting him? It forces no belief, it has no intrinsic message except respect to the dead.
Maybe I am callous and do not give people like this guy any credit for sincerity, but it just seems to me that the memorial is hurting no one, has historical value and is appropriate. So why bother it?
The answer as far as I can see is because they can. Because the uber-sensitive world of wimpy political correctness we live in is geared to embrace his hurt feelings and give him all the consideration, while telling the veterans and religious people to go pack sand.
One guy. Well, one guy and the ACLU that is.
Also, Clark said the struggle is not yet lost because the White House is continuing talks with the mayor, exploring the possibility of acquiring the property through eminent domain.
Now that would be a good use of it.
Clark said that since the 9th Circuit refused to stop the clock on the matter, the White House may be more inclined to work with urgency toward a resolution, especially given that more than 450,000 e-mails in support of the cross have been sent through the American Center for Law and Justice and the American Family Association.
One guy verses hundreds of thousands. Seems fair to me.
And the more I read about the rulings the more angry I get. It is all so stupid, and so intolerant.
All I know is that I am damn sick of them using the 1st Amendment to try and sell me on living in a godless, sterile world. And the ACLU, as usual, is right there standing in the front line…protecting our religious freedom (which was the intent of the Establishment clause) by quashing any sight or mention of religion.
How sanctimonious of them.
3 Responses to “The 9th Circus Court denies stay in Mt Soledad case”
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"All I know is that I am damn sick of them using the 1st Amendment to try and sell me on living in a godless, sterile world. And the ACLU, as usual,"…
You do live in a godless world. Someday you’ll figure this out…
Is this the same ACLU that has worked to uphold missionaries’ rights to trespass, violate my privacy, pound on my door, and distribute their unwanted garbage?
As the law stands, if I want to be left alone I can put up a no trepassing sign to invoke a law which will probably be ignored and which the local fuzz likely won’t enforce, but if the sign says "No Evangalizing" that violates their right to harass me… I can try to block everyone, but I can’t block the one single group I want to block and for the very reason I want to block them. It’s my freedom from religion vs their freedom of religion. In all similar situations my right is superior. Why not in this one?
Which brings up an interesting point. The city might have to take down their cross… But people could go to the exact same spot and hand out The Watchtower and nobody can do anything about it: Watchtower Bible vs Village of Stratton, US Supreme Court, 12/2002.
You know, as an atheist, I don’t care if the monument stands, I wouldn’t help this guy try to take it down. But I could really use some relief from garbage cloaked in free speech. The fact that I can’t get it is a good demonstration that our laws still overwhelmingly favor the religious - symbolism like this notwithstanding.
You know, I always hated it when Bill Clinton would say something that I had to agree with.
He actually made the profound statement: "Freedom of religion does not guarantee freedom from religion." What a concept.
The fact is, with 270+ million people in this country, I guarantee that every second of every day someone is doing something that will hack you off if you knew about it. The key to a happy life is to figure out how to get over it. Preferably without going to court over it.
PC courts and the ACLU will destroy this country if we let them. They are just one enemy, the enemy within. Our embassy’s, soldiers, and interests around the world are under siege from radical Islam. The invasion from the south continues unabatted. Our government refuses to stop it. Liberals and the ACLU attack us from within. I won’t see it in my lifetime but, I’ve told my children to prepare. Invest greatly in canned food and ammunition.