88-538: The Mount Soledad Cross (formerly the Mount Soledad Easter Cross ) is a prominent landmark located on top of Mount Soledad in the La Jolla neighborhood of San Diego, California . The present structure was erected in 1954; it is the third Christian cross in that location, the first having been put up in 1913. Architect Donald Campbell designed the present cross in prestressed concrete . It
176-508: A 2020 population of 39,538,223. A constitutional revision originally required a constitutional convention but today may be passed with the approval of both two-thirds of the Legislature and approval by a majority of voters; while simplified since its beginnings, the revision process is considered more politically charged and difficult to successfully pass than an amendment. Voters exercising the initiative power are not permitted to propose
264-695: A 7–4 decision, the appellate court Ninth Circuit Court of Appeals found that the City's sale of the cross to the Mount Soledad Memorial Association violated Article XVI, section 5, of the California Constitution , which prohibits government from affording any financial advantage or subsidy to religion. The City and the Mount Soledad Memorial Association petitioned the Court for reconsideration and/or rehearing, which
352-487: A Latin Cross and the land underneath it to federal control in an effort to avoid a court-ordered removal of the cross that stands on Mt. Soledad Natural Park. The Plaintiff in this cross case sought a court ordered injunction and stay by stopping the transfer until all of the legal issues have been adjudicated in the courts as well as alleging an abuse of power in exercising eminent domain . On August 11, 2006, Steve Trunk, who
440-718: A Latin Cross to the federal government by applying the powers of eminent domain. On August 21, 2006, the American Civil Liberties Union representing the Jewish War Veterans of the United States of America filed a separate lawsuit against the U.S. government and Defense Secretary Donald Rumsfeld , charging that the continued display of the Mt. Soledad Latin cross on federally owned land unlawfully entangles government with religion and asks
528-512: A federal appeals court found the cross unconstitutional, and in 2012 the Supreme Court declined to hear an appeal, returning the issue to federal court. In December 2013, a federal judge ordered the cross to be removed, but stayed the order pending appeal. In June 2014, the Supreme Court declined to review a case concerning the cross as the previous appeal had not been heard. In December 2014, Congress passed and President Barack Obama signed
616-621: A lack of faith in elected officials and the fact that many initiatives take the form of a constitutional amendment. Several amendments involved the authorization of the creation of state government agencies, including the State Compensation Insurance Fund , the California Department of Alcoholic Beverage Control , and the State Bar of California ; the purpose of such amendments was to insulate
704-529: A landmark character. California Constitution [REDACTED] [REDACTED] [REDACTED] The Constitution of California ( Spanish : Constitución de California ) is the primary organizing law for the U.S. state of California , describing the duties, powers, structures and functions of the government of California . California's constitution was drafted in both English and Spanish by American pioneers , European settlers, and Californios ( Hispanics of California ) and adopted at
792-418: A landmark is furthermore defined as an external point of reference that helps orientation in a familiar or unfamiliar environment. Landmarks are often used in verbal route instructions ("Turn left at the big church and then right over the bridge.") Landmarks are usually classified as either natural landmarks or human-made landmarks, both are originally used to support navigation on finding directions. A variant
880-501: A law to transfer the memorial from city to federal ownership in 2006, moving the issue to federal court beginning with the decision on July 31, 2008 by U.S. Federal Judge Larry Alan Burns ruling that both the transfer and the cross were constitutional. This was reversed by the Ninth Circuit Court of Appeals, in a decision that endorsed the transfer but ruled the sole Latin Cross unconstitutional. The appeal of this decision
968-599: A preference or aid to the Christian religion." Judge Thompson added, "Both the method of sale and the amount of land sold underneath the Mount Soledad cross do not cure the constitutional infirmities outlined in this Court's previous Order." (referring to the December 3, 1991 order stating "a permanent injunction forbidding the permanent presence" of the Mount Soledad cross on public property. Judge Thompson again gave
SECTION 10
#17327727308001056-515: A public park and was maintained at taxpayers' expense. He further noted that it violated Article 1, Section 4 of the California Constitution , which is known as the "No Preference" Clause. During this first phase of the case, the plaintiffs were represented pro bono by lawyer and legal scholar Peter Irons . He discontinued his involvement in the case in 1998 when threats made him fear for the safety of his two daughters. On June 2, 1992, San Diego voters approved Proposition F, which allowed transfer of
1144-508: A result, if California were a sovereign state, its constitution would rank the second or third-longest in the world by total number of words. This has led politicians and political scientists to argue the procedures for amending the California constitution are too lax, creating a state constitution that is filled with irrelevant detail and incoherent policies created by conflicting majorities attempting to impose their will on each other by
1232-448: A stronger prohibition than the U.S. Constitution's Eighth Amendment prohibition against "cruel and unusual punishment." The Constitution of California is among the longest in the world. This is predominantly due to additions by California ballot propositions , which allow enacting amendments by a simple majority vote in a referendum. Since its enactment, the California constitution has been amended an average of five times each year. As
1320-482: A stronger protection applies than under the U.S. Constitution's Eighth Amendment; the former prohibits punishments that are "cruel or unusual", while the latter only prohibits punishments that are "cruel and unusual". The constitution also confers upon women equality of rights in "entering or pursuing a business, profession, vocation, or employment." This is the earliest state constitutional equal rights provision on record. Two universities are expressly mentioned in
1408-570: Is 29 feet (8.8 m) tall (43 feet [13 m] including the base) with a 12-foot (3.7 m) arm spread. It is the centerpiece of the Mt. Soledad National Veterans Memorial . Beginning in 1989, almost 10 years before the immediate area around the cross was turned into a war memorial, until 2015, the Mount Soledad Cross was involved in continuous litigation regarding its legal status. The cross's opponents won court decisions showing that it
1496-742: Is a seamark or daymark , a structure usually built intentionally to aid sailors navigating featureless coasts. Natural landmarks can be characteristic features, such as mountains or plateaus . Examples of natural landmarks are Mount Everest in the Himalayas , Table Mountain in South Africa, Mount Ararat in Turkey, Uluru in Australia, Mount Fuji in Japan and the Grand Canyon in
1584-455: Is a San Diego resident, veteran, and atheist , was named and added as a Plaintiff to the old and a newly filed lawsuit. U.S. District Court Judge Barry Moskowitz heard Plaintiffs Paulson and Trunk argue the case of the federal involvement in the ownership of a Christian cross. The Plaintiffs had a preliminary restraining order before Judge Moskowitz, which would make the transfer null and void (ab initio). Plaintiffs' Attorney James McElroy accused
1672-572: Is easily recognizable, such as a monument , building, or other structure. In American English it is the main term used to designate places that might be of interest to tourists, due to notable physical features or historical significance. Landmarks in the British English sense are often used for casual navigation , such as giving directions. This is done in American English as well. In urban studies as well as in geography ,
1760-577: Is illegal to display a religious symbol, such as a Christian cross, on public land, as it demonstrates preference to a specific religion and thus violates the principle of separation of church and state under the First Amendment of the U.S. Constitution and the No Preference Clause of the California Constitution . Judges sided with plaintiffs on multiple occasions and ruled that the cross is illegal and had to be removed or sold to
1848-472: Is used for educational purposes. The California Constitution distinguishes between constitutional amendments and constitutional revisions, the latter of which is considered to be a "substantial change to the entire constitution, rather than ... a less extensive change in one or more of its provisions". Both require passage of a California ballot proposition by the voters, but they differ in how they may be proposed. A constitutional amendment may be placed on
SECTION 20
#17327727308001936-681: The 1849 Constitutional Convention of Monterey , following the American Conquest of California and the Mexican–American War and in advance of California's Admission to the Union in 1850. The constitution was amended and ratified on 7 May 1879, following the Sacramento Convention of 1878–79 . Many of the individual rights clauses in the state constitution have been construed as protecting rights even broader than
2024-557: The California Constitution , and the transfer of the memorial with the cross as its centerpiece to the federal government to save the cross as it is, where it is, is an unconstitutional aid to religion in violation of Article XVI, Section 5, of the California Constitution ." Litigation was now occurring in both the state and federal courts, while legislation was also debated in the San Diego City Council. Congressional action made previous suits and decisions irrelevant by
2112-1092: The Château Frontenac in Quebec (city) , Place Stanislas in Nancy , the CN Tower in Toronto , the Palace of Culture and Science in Warsaw , the Atomium in Brussels , Gateway Arch in St Louis , and the Moai in Easter Island . Church spires and mosque minarets are often very tall and visible from many miles around and thus often serve as built landmarks. Also town hall towers and belfries often have
2200-1516: The Colosseum in Rome , Big Ben in London , the Tsūtenkaku in Osaka , the Forbidden City in Beijing , the Great Pyramid in Giza , Christ the Redeemer in Rio de Janeiro , Statue of Unity in Narmada , Bratislava Castle in Bratislava , Helsinki Cathedral in Helsinki , the Space Needle in Seattle , the Sydney Opera House in Sydney , the Brandenburg Gate in Berlin ,
2288-612: The National Park Service to work with the Mount Soledad Memorial Association in the administration and maintenance of the memorial. This veterans memorial designation was added by Congressmen Randy "Duke" Cunningham (R) and Duncan Hunter (R), both of whom represented portions of San Diego County, as a rider to a voluminous spending bill approved in November 2004 by the United States Congress . Under
2376-584: The Table Mountain near Cape Town , South Africa was used as a landmark to help sailors to navigate around the southern tip of Africa during the Age of Exploration . Artificial structures are also sometimes built to assist sailors in navigation. The Lighthouse of Alexandria and the Colossus of Rhodes are ancient structures built to lead ships to the port. In modern usage, a landmark includes anything that
2464-702: The United States Bill of Rights in the Federal Constitution . An example is the case of Pruneyard Shopping Center v. Robins , in which "free speech" rights beyond those addressed by the First Amendment to the United States Constitution were found in the California Constitution by the California courts. One of California's most significant prohibitions is against "cruel or unusual punishment,"
2552-469: The $ 5,000 daily fine that will be imposed on the city if the cross wasn't removed from city property by August 1 On June 26, 2006, San Diego County Congressmen Rep. Duncan Hunter (R-52nd), Rep. Brian Bilbray (R-50th) and Rep. Darrell Issa (R-49th) introduced House Report Bill 5683, a bill to preserve the Mt. Soledad Veterans Memorial in San Diego, California, by providing for the immediate acquisition of
2640-493: The 'No Preference' Clause of the California Constitution ". The City and County of San Diego petitioned and were granted a hearing en banc (a vote by the entire 28 judges of the court). They lost by a unanimous vote by all 28 judges. In response to the injunction, in 1994, the city sold 224 square feet (21 m) of land at the base of the cross for $ 24,000 to the Mount Soledad Association. At that time,
2728-422: The 1968 revision, whose primary substantive effect would have been to make the state's superintendent of schools into an appointed rather than an elected official. The Commission ultimately removed about 40,000 words from the constitution. The California Constitution is one of the longest in the world. The length has been attributed to a variety of factors, such as the influence of previous Mexican civil law ,
Mount Soledad Cross - Misplaced Pages Continue
2816-489: The 1980s. The site is known as the Mt. Soledad National Veterans Memorial. Besides the cross, the memorial includes six walls with granite plaques depicting veterans, military units, or groups. Whether the Mt. Soledad Easter Cross is a war memorial or an unmistakable symbol of the Christian religion has been a subject of legal debate for the following reasons: The American Civil Liberties Union proposed ways to resolve
2904-454: The 1989 lawsuit challenging the legality of the cross, died of liver cancer at the age of 59. On November 30, 2006, the 4th District Court of Appeal overturned the October 7, 2005 decision by Superior Court Judge Patricia Yim Cowett that invalidated a voter-approved 2005 measure which authorized transferring land underneath the Mount Soledad cross to the federal government, thus declaring that
2992-476: The 20th century, Progressive Era politicians pioneered the concept of aggressively amending the state constitution by initiative in order to remedy perceived evils. From 1911, the height of the U.S. Progressive Era, to 1986, the California Constitution was amended or revised over 500 times. The constitution gradually became increasingly bloated, leading to abortive efforts towards a third constitutional convention in 1897, 1914, 1919, 1930, 1934 and 1947. By 1962,
3080-465: The 22 feet of Mt. Soledad Natural Park under the cross to a non-profit corporation for maintenance of a historic war memorial. In 1993, the city appealed the 1991 District Court decision (permanent injunction forbidding the permanent presence of the cross on publicly owned land) to the Ninth Circuit Court of Appeals, which upheld the District Court injunction, holding that the mere designation of
3168-408: The California Constitution. Judge Thompson wrote, "it is the exclusion of any other purchasers of or bidders for the land that gives the appearance of preferring the Christian religion that the California Constitution forbids." Judge Thompson also wrote that "the City's attempt to comply with this Court's order by selling only a small portion of the land underneath the Mount Soledad cross still shows
3256-540: The City Council took up the motion by Councilmember Scott Peters : "Should voters reject the proposal (Proposition K), City Attorney shall enter into the settlement agreement now with Mt. Soledad Memorial Association and Plaintiffs." The City Council passed the Peters Resolution. In November 2004, voters rejected Proposition K, a ballot measure to authorize a third sale of a portion of Mount Soledad to
3344-469: The City of San Diego another 30 days to remove the cross). The City attempted to sell the land to a private group again in 1998. Five bids were submitted; the bid from the Mount Soledad Memorial Association (the highest) was accepted and a half-acre of land around the cross was sold to the Association for $ 106,000. In a decision issued on February 3, 2000, Judge Thompson upheld the transfer. However, in
3432-534: The City of San Diego, never agreed to the settlement. While the cross and land were apparently owned by the Association (after the 1998 sale), the Association spent over $ 900,000 to add significant improvements to the memorial site, including six concentric granite wall, pavers, bollards, and a flagpole with American flag. Additionally, the Association sold over 1,600 plaques memorializing individual service men and women. The original, unadorned cross eventually became encircled by several walls of plaques. On July 27, 2004,
3520-479: The Court to rule the 29-foot (9 m) tall display be removed from Mt. Soledad Natural Park. On September 22, 2006, U.S. District Court Judge Barry Ted Moskowitz consolidated two separate cases that challenged the constitutionality of a Latin cross on government land atop Mount Soledad, involving a transfer to the US Department of Defense. The consolidated cases involved Philip Paulson and Steven Trunk and
3608-528: The Legislature, nor any county, city and county, township, school district, or other municipal corporation, shall ever make an appropriation, or pay from any public fund whatever, or grant anything to or in aid of any religious sect, church, creed, or sectarian purpose, or help to support or sustain any school, college, university, hospital, or other institution controlled by any religious creed, church, or sectarian denomination whatever; nor shall any grant or donation of personal property or real estate ever be made by
Mount Soledad Cross - Misplaced Pages Continue
3696-809: The National Defense Authorization Act for Fiscal Year 2015, which included a provision that "authorizes the Secretary of Defense to convey (the cross) to the Mount Soledad Veterans Memorial Association, subject to certain conditions." On July 20, 2015, the Mt. Soledad Memorial Association bought the land under the cross from the Dept. of Defense for $ 1.4 million, ending its unconstitutionality. Three differently shaped Christian crosses have been constructed since 1913 on city government property at
3784-460: The San Diego area identifies the cross as the Mt. Soledad Easter Cross. A court document also refers to several references of the Easter Cross including, "...the U.S. Department of Commerce Coast and Geodetic Survey (indicating "Easter Cross" on chart)." The plaintiff argued that the ballot measure was unconstitutional because it resulted in an unconstitutional act—transferring the property to
3872-465: The State, or any city, city and county, town, or other municipal corporation for any religious creed, church, or sectarian purpose whatever; provided, that nothing in this section shall prevent the Legislature granting aid pursuant to Section 3 of Article XVI."' The City of San Diego was the target of a lawsuit on May 31, 1989 charging that the presence of the cross violated the California Constitution and
3960-625: The United States Armed Forces?" with 197,125 or 75.96% Yes votes and 62,373 or 24.04% No votes. However, the plaintiff in the federal court case filed a case in California Superior Court challenging the constitutionality of the proposition. On September 3, Superior Court Judge Patricia Yim Cowett issued a temporary restraining order barring the transfer until the issue was settled. Lawyers on each side presented their arguments on October 3, 2005. A key issue
4048-441: The United States. Trees might also serve as local landmarks, such as jubilee oaks or conifers . Some landmark trees may be named, such as Queen's Oak , Hanging Oak and Centennial Tree . Bases of fallen trees, known in this context as rootstocks , are used as navigational aids on high-resolution maps and in the sport of orienteering . Because most woods have many fallen trees, generally only very large rootstocks are mapped. In
4136-580: The agencies from being attacked as an unconstitutionally broad exercise of police power or inherent judicial power. Unlike other state constitutions, the California Constitution strongly protects the corporate existence of cities and counties and grants them broad plenary home rule powers. The constitution gives charter cities, in particular, supreme authority over municipal affairs, even allowing such cities' local laws to trump state law. By specifically enabling cities to pay counties to perform governmental functions for them, Section 8 of Article XI resulted in
4224-533: The apex of Mt. Soledad (Mt. Soledad Natural Park) in the community of La Jolla. The original wooden cross on Mt. Soledad was erected in 1913 by private citizens living in La Jolla and Pacific Beach, but was stolen in 1923; later that year it was affixed back in the ground in Mt. Soledad Natural Park and later burned. The second cross was erected in 1934 by a private group of Protestant Christians from La Jolla and Pacific Beach. This sturdier, stucco-over-wood frame cross
4312-488: The ballot by either a two-thirds vote in the California State Legislature or by signatures equal to 8% of the votes cast in the last gubernatorial election through the exercise of the initiative power by the voters. The signature requirement for constitutional amendments is among the lowest thresholds for similar measures of any U.S. state . As of 2023 , this was 874,641 signatures compared to
4400-502: The ballot measure to transfer the property to the Interior Department as a veterans memorial received votes exceeding the two-thirds threshold required to pass. Voters passed Prop A: "Shall the City of San Diego donate to the federal government all of the City's rights, title, and interest in the Mt. Soledad Veterans Memorial property for the federal government's use of the property as a national memorial honoring veterans of
4488-405: The ballot process. The Constitution of California has undergone numerous changes since its original drafting. It was rewritten from scratch several times before the drafting of the current 1879 constitution, which has itself been amended or revised (see below ). In response to widespread public disgust with the powerful railroads that controlled California's politics and economy at the start of
SECTION 50
#17327727308004576-455: The bill, the site would become part of the National Park Service but would be maintained by the Mount Soledad Memorial Association. On March 8, 2005 the San Diego City Council voted against a proposal to transfer the land to the National Park Service , a move which proponents believed might avoid the court-ordered removal of the cross. Opponents claimed this would merely shift the church-state issue to federal jurisdiction and would only delay
4664-454: The city did not solicit or consider any bids or offers from other prospective buyers of this land and the Association clearly stated its intention to keep the cross as part of its proposed war memorial. On September 18, 1997, Judge Thompson ruled that both the negotiated sale of the cross site to the Mount Soledad Memorial Association and the size for the plot sold to the Mount Soledad Memorial Association violated two separate provisions of
4752-400: The constitution had grown to 75,000 words, which at that time was longer than any other state constitution but Louisiana's. That year, the electorate approved the creation of a California Constitution Revision Commission, which worked on a comprehensive revision of the constitution from 1964 to 1976. The electorate ratified the commission's revisions in 1966, 1970, 1972, and 1974, but rejected
4840-413: The constitution: the public state-run University of California and the private Stanford University . UC is one of only nine state-run public universities in the United States whose independence from political interference is expressly guaranteed by the state constitution. Since 1900, Stanford has enjoyed the benefit of a constitutional clause shielding Stanford-owned property from taxes as long as it
4928-408: The cross and veterans memorial. Unpublished decisions are non-precedential. On October 12, 2007, the ACLU of San Diego & Imperial Counties filed a motion for Summary Judgement with the Southern District Court of California on behalf of four plaintiffs: the Jewish War Veterans of the United States , Richard A. Smith, Mina Sagheb, and Judith M. Copeland. The motion requested the immediate removal of
5016-403: The cross as a war memorial was not enough to satisfy the separationist No Preference Clause of the California Constitution. The Ninth Circuit Appellate Court held that "highly visible, religiously significant Easter crosses, erected in public parks owned and maintained by local government, in the absence of any symbols of other religions, and without any independent historical significance, violated
5104-400: The cross for the following reasons: the Federal Government's actions with respect to the cross have the effect of advancing or endorsing a religion; the Federal taking and display of the Mt. Soledad cross lacks a valid secular purpose; and finally, the Federal Government's display of the cross creates an excessive entanglement with a religion. A federal court judge on November 8, 2007 dismissed
5192-414: The cross was not unconstitutional because the many significant improvements added to it removed any doubt that it is a genuine veterans memorial. On October 7, 2005, Judge Cowett found the ballot measure unconstitutional. Her ruling stated: "Maintenance of this Latin Cross as it is on the property in question is found to be an unconstitutional preference of religion in violation of Article I, Section 4, of
5280-402: The cross. On June 2, 2006, Mayor Jerry Sanders announced that the city had filed an appeal of Judge Thomson's order to remove the cross. The city also asked that the appeal be ruled on by July 8. Sanders said that if the appeal was not granted then the city would comply with the order. On June 21, 2006, a three-judge panel of the 9th U.S. Circuit Court of Appeals declined to step in and suspend
5368-403: The eventual removal of the cross. The City Council declined the offer of the Federal Government to accept the transfer of the Mt. Soledad Memorial property. (Council Motion Passes: 5 Yeas, 3 Nays, 1 Absent) Opposition to the City Council's action resulted in a referendary petition, signed by over 100,000 County of San Diego residents, calling on the Council to reverse its decision against donating
SECTION 60
#17327727308005456-458: The face of legal action threatening the continued existence of the current Memorial, the people of San Diego have clearly expressed their desire to keep the Mt. Soledad Veterans Memorial in its present form. Judicial activism should not stand in the way of the people, and the Administration commends Rep. Hunter for his efforts in introducing this bill." On August 1, 2006, the US Senate approved by unanimous consent an eminent domain plan to transfer
5544-446: The federal government for the purpose of keeping the cross in its present location on public parkland, a purely religious symbol of one faith. The City argued that the purpose of the ballot measure was to determine the will of the people of San Diego with respect to the federal government's offer to accept a donation of the property. The private citizens' group which had sponsored the petition leading to ballot measure argued that display of
5632-419: The federal government passed in the House of Representatives by a vote of 349–74. Sen. Jeff Sessions (R-Ala.) introduced identical legislation in the Senate that would allow the federal government to take the Mt. Soledad property by eminent domain . President George W. Bush, on the day of the vote, issued a "Statement of Administration Policy" that "strongly" supported H.R. 5683. The Statement read, in part, "In
5720-578: The federal officials of using eminent domain in bad faith and with the sole purpose to keep the Mt. Soledad Easter Cross on a public park. "These people are sworn to uphold the constitution," McElroy said. "The president has no respect for the law. To do this now with two appeals pending shows disrespect for the court system. There's no reason they couldn't have waited for the appellate courts to decide this." On August 14, 2006, President George W. Bush signed into law Bill HR 5683 that would transfer City of San Diego property from Mt. Soledad Natural Park along with
5808-412: The first amendment of the United States Constitution relating to separation of church and state in the United States . On December 3, 1991, Gordon Thompson, Jr., a judge for the United States District Court for the Southern District of California , ruled in favor of the plaintiff, Philip K. Paulson , resident of San Diego and a Vietnam War veteran, noting that the cross was permanently positioned inside
5896-407: The highest bidder. Defenders of the cross explored several options for preserving the cross. In 1998, the City of San Diego sold the cross and the land it stands on to the nonprofit Mount Soledad Memorial Association, and the cross was transformed into being the centerpiece of a newly erected Korean War Memorial. The land under the cross was eventually transferred to the federal government. In 2011,
5984-421: The highest bidder. Thus, pursuant to the Peters Agreement the City of San Diego was obligated under the Council Resolution to remove the cross from the Mt. Soledad Natural Park. On December 8, 2004, Section 116 of Public Law 108-447 designated the Memorial as a national memorial to veterans, authorized the United States Department of the Interior to accept a donation of the memorial from the City, and directed
6072-428: The lawsuit filed against the City of San Diego involving the Mt. Soledad Veterans War Memorial. The Federal government had acquired the memorial property from the City via eminent domain on August 14, 2006. In dismissing the lawsuit against the City, the federal court agreed that the City should be dismissed from the lawsuit because the federal government owns the memorial property. Now that the City has been dismissed from
6160-422: The lawsuit, the lawsuit will proceed only against the federal government. Landmark A landmark is a recognizable natural or artificial feature used for navigation , a feature that stands out from its near environment and is often visible from long distances. In modern day use, the term can also be applied to smaller structures or features, that have become local or national symbols . In old English
6248-416: The measure was constitutional. On February 21, 2007, the California Supreme Court affirmed the precedent-setting decision of the California 4th District appellate court, which upheld the right of the people of San Diego to transfer the Mt. Soledad veterans memorial to the federal government. At the same time, the Court denied the plaintiffs' objection to publication of the lower court decision favorable to
6336-405: The memorial and cross sit. Sanders warned of the "uncertain future" of the monument and said he fully supported the federal government condemning the property to save the cross, a request first made late Wednesday by Rep. Duncan Hunter , R-Alpine. ... City Attorney Michael Aguirre weighed in on the issue Thursday afternoon – several hours after the mayor's press conference – and he questioned whether
6424-425: The memorial by the United States. On July 3, 2006, Supreme Court Justice Anthony M. Kennedy issued a temporary stay in favor of the city and the cross's supporters to allow time for further appeals. On July 7, in a 4-page decision, he granted the city of San Diego 's request for a stay pending a ruling on the city's appeal. On July 19, 2006, House Report Bill 5683, a bill to transfer the Mount Soledad Cross to
6512-985: The modern sense, landmarks are usually referred to as monuments or prominent distinctive buildings, used as the symbol of a certain area, city, or nation . Some examples are Tokyo Tower in Tokyo , the White House in Washington, D.C. , the Statue of Liberty and Empire State Building in New York City , the Eiffel Tower in Paris , Saint Basil's Cathedral in Moscow , the Lotte World Tower in Seoul ,
6600-656: The other case was filed by the American Civil Liberties Union, which is representing the Jewish War Veterans, a Muslim, and several San Diego citizens. The 17-year original case brought by Philip Paulson versus City of San Diego was still pending with US District Court Judge Gordon Thompson Jr. and was also pending in the California State Courts, too. On October 25, 2006, Philip K. Paulson , the original plaintiff in
6688-532: The peace or safety of the State. The Legislature shall make no law respecting an establishment of religion. A person is not incompetent to be a witness or juror because of his or her opinions on religious beliefs." Article XVI, section 5 of the California State Constitution: State, County and local units of government can not use tax money or grant property to aid of any religious sect, church, creed, or sectarian purpose. "Neither
6776-404: The presence of the Mount Soledad Cross on City property." The mayor Jerry Sanders said he plans on proposing an appeal to the decision by Judge Thompson. Sanders pointed out that over 75% of San Diego voters believe the cross should remain in place, as evidenced by the votes in favor of transferring the memorial property to the federal government. The head of the Mount Soledad Memorial Association,
6864-492: The private organization that operates the memorial, hoped that the cross will be taken down and moved to a nearby private property. On May 11, 2006, the San Diego Union-Tribune reported: "Mayor Jerry Sanders on Thursday sought presidential intervention in the legal battle over the Mount Soledad cross, asking President Bush to use the power of eminent domain to take the city-owned property in La Jolla on which
6952-556: The property. On May 16, 2005, the Council reconsidered its decision to transfer the land at the request of those petitioners, and, after rejecting a proposal to directly donate the land to the Federal government in a 5–4 vote, the Council voted 6–3 to include a ballot measure in the upcoming special Mayoral election to be held July 26 which would allow the voters of San Diego to approve the donation ( ballot item (PDF) ). On July 26, 2005,
7040-543: The request for federal condemnation of the property violated an existing judicial order. "Such a move may be viewed by the San Diego Superior and United States District courts as being in violation of existing judicial orders and could result in a contempt finding and or sanctions against the city of San Diego," Aguirre said in a statement." On May 23, 2006, the San Diego City Council voted 5–3 to appeal U.S. District Judge Gordon Thompson Jr.'s May 3 order to remove
7128-426: The rise of the contract city . Article 4, Section 8(d) defines an "urgency statute" as one "necessary for immediate preservation of the public peace, health, or safety"; any proposed bill including such a provision includes a "statement of facts constituting the necessity" and a two-thirds majority of each house is required to also separately pass the bill's urgency section. Many of the individual rights clauses in
7216-698: The situation: Some defenders of the cross see all these options as unacceptable and are determined to find a way to leave the cross intact in its present location. Article 1, Section 4 of the California State Constitution: subtitled "Liberty of Conscience." California state, municipal and special units of government are instructed by this "No Preference Clause" from discriminating or preferring one religion over another. "Free exercise and enjoyment of religion without discrimination or preference are guaranteed. This liberty of conscience does not excuse acts that are licentious or inconsistent with
7304-657: The state constitution have been construed as protecting rights broader than the Bill of Rights in the federal constitution . Two examples include (1) the Pruneyard Shopping Center v. Robins case involving an implied right to free speech in private shopping centers , and (2) the first decision in America in 1972 found that the death penalty is unconstitutional. California v. Anderson , 6 Cal. 3d 628. This noted that under California's state constitution
7392-459: The word landmearc (from land + mearc (mark)) was used to describe a boundary marker , an "object set up to mark the boundaries of a kingdom, estate, etc.". Starting from around 1560, this understanding of "landmark" was replaced by a more general one. A landmark became a "conspicuous object in a landscape". A landmark literally meant a geographic feature used by explorers and others to find their way back or through an area. For example,
7480-412: Was blown down by blustery winds in 1952. A windstorm damaged one of the side bars in 1955 and the concrete structure had to be repaired. The present cross, 29 feet (9 m) tall on top of a 14-foot (4 m)-tall stepped platform, was installed in 1954. It was initially called the "Mount Soledad Easter Cross" and Easter services were held there every Sunday for 40 years. The word "Easter" was dropped in
7568-435: Was denied certiorari by the Supreme Court on June 25, 2012. On May 3, 2006, US District Court Judge Gordon Thompson Jr. issued an order for removal of the cross, pursuant to the permanent injunction levied by the court, within 90 days, or the city of San Diego will be fined $ 5,000 a day. Judge Thompson declared that "It is now time, and perhaps long overdue, for this Court to enforce its initial permanent injunction forbidding
7656-513: Was denied on October 22, 2002. The City thereafter sought review of the en banc decision by the United States Supreme Court . On April 21, 2003, the Supreme Court denied defendants' petitions for review. Plaintiff Paulson and defendant Mount Soledad Memorial Association agreed to a settlement that called for removal of the cross in exchange for which the Association would gain ownership of the property. The other defendant,
7744-497: Was the status of the area as a secular war memorial, given the fact that it was not developed as a memorial until ten years after the first lawsuit. Prior to the lawsuit, no plaque or marker designated or explained the site's status as a war memorial, and during the fifty years prior to the lawsuit, there were no ceremonies or recognitions of the Korean War or to war veterans at the site, only Easter Sunday services. A 1985 map of
#799200