San Diego, Calif., Jan 13, 2011 / 18:28 pm
In response to a federal court’s ruling that the Mt. Soledad Veterans Memorial Cross is unconstitutional, U.S. Rep. Duncan Hunter (R-Calif.) has introduced legislation he says will ensure that military monuments which include religious symbols are explicitly protected under federal law.
A three-judge panel of the Ninth Circuit Court of Appeals declared the war memorial in a San Diego public park to be unconstitutional. Its Jan. 4 ruling said the 29-foot cross, dedicated in 1954 to honor veterans of the Korean War, was unconstitutional because it conveys the message of “state-endorsed religion.”
The panel did not order the cross’ removal but returned the case to a lower court, where litigation is expected to continue. A number of litigants, with the backing of the American Civil Liberties Union, have sued to have the cross removed.
Rep. Hunter charged that the ruling was a “disservice” to those who have served in the armed forces and was an example of “judicial activism” which threatens the preservation of American war memorials.