Ninth Circuit Finds Soledad Cross Unconstitutional
Pasadena, CA – A three judge panel for the Ninth Circuit Court of Appeals handed down an opinion this morning in which it found the cross atop Mt. Soledad in San Diego County violates the Establishment Clause.
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.”