The cross was first erected in 1913 and has been periodically replaced over the years when damaged. The current 29 foot cross has been in place since 1954 and has served as a war memorial. Congress acquired the cross via eminent domain in 2006. Litigation over the cross began in 1989 and has been ongoing ever since.
Attorney Pete Lepiscopo of San Diego has represented the Pacific Justice Institute in motions to intervene. Brad Dacus, president of PJI stated, “We are disappointed with this decision and hope that the Department of Justice files a petition to the U.S. Supreme Court.”