12.5.2006

A MAJOR VICTORY IN THE ONGOING BATTLE TO SAVE THE MT. SOLEDAD CROSS!!!

Late last week, we received word of a MAJOR victory in the seventeen-year battle waged by the ACLU and its allies against the Mt. Soledad War Memorial cross (right).

In 2005, 76 percent of San Diegans voted to save the Mt. Soledad Memorial by transferring it from city property to the ownership of the National Park Service. A lower court then overrode the will of the people and ruled that the transfer of the memorial to the federal government was unconstitutional.

In a 53-page opinion, the California Court of Appeal for the 4th Appellate Division reversed that ruling, finding that the voter's actions did not violate either the U.S. or California constitutions. While a related case is still pending before the U.S. Court of Appeals for the 9th Circuit with regard to Congressional action that was taken to preserve the cross, this decision sets an important precedent that will hopefully lead to a similar conclusion by that court.

ADF allied attorney and friend Charles LiMandri, handling on behalf of the Thomas More Law Center, represented San Diegans for the Mt. Soledad War Memorial in this case, and ADF Litigation Counsel Tim Chandler filed a friend-of-the-court brief on behalf of the American Legion and the American Legion Department of California, in defense of the cross.

Tim says: "The people spoke on this issue, and now the court has upheld their right to preserve the Mt. Soledad National War Memorial, which honors those who sacrificed themselves for our freedom. Removal of the cross at Mt. Soledad would have no purpose other than to create heartache for the veterans' families and comrades who cherish their memory. We, like them, are pleased with the court's ruling."

Rees Lloyd, the attorney for the American Legion Department of California (left with ADF Senior Vice-President Joe Infranco in front of the Mt. Soledad cross) added: "This win is the first fruits of the Veterans Memorial Project between ADF and the American Legion Department of California. We could not have done this without ADF's help and we owe them for this victory."

As Rees mentioned, ADF has entered into a partnership with the national American Legion to work to protect war memorials nationwide. We are excited about this joint venture to protect the right for America's military families to memorialize their fallen heroes as they choose – free of censorship and interference from the ACLU and its allies.

We praise God for this tremendous victory – and request prayer for the continuing legal effort to preserve not only the Mt. Soledad cross, but the countless other memorials across the nation honoring those who made the ultimate sacrifice for our country. We will keep you posted on this legal effort in the weeks and months ahead.

Learn more by reading the ADF press release...

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"Without Christ, we can do nothing." - John 15:5

1. Please pray for ADF's Christmas Project.
   
2. Please pray for the upcoming legal battles ahead.