Cross Deemed Unconstitutional

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LA JOLLA, Ca. (WHNT) – A federal judge in California ruled a 43-foot cross that sits on top of Mount Soledad is unconstitutional religious display on government land and must come down. The cross sits on a federal war memorial.

U.S. District Judge Larry Burns said Thursday that the cross must be removed within 90 days. James McElroy, an attorney on the case, said Burns stayed his order pending an appeal.

English: The Cross, the center of much controv...

English: The Cross, the center of much controversy, sits atop Mount Soledad (Orig: Picture-011) (Photo credit: Wikipedia)

Even with the ruling Burns handed down after a lawsuit brought on behalf of the Jewish War Veterans of the United States of America and other residents, the debate continues. The Mt. Soledad Memorial Association plans to appeal the order.

The cross was erected in 1954, and this is not the first time The Mount Soledad Memorial has sparked debate. The controversy goes back decades. One of the most recent cases involved Burns back in 2011. Burns actually ruled the cross part of the war memorial. A circuit court of appeals reversed the decision, but appeals on the decision sent the case the U.S. Supreme Court. The Supreme Court denied hearing the appeal, and so the case went back to federal court where Burns deemed the cross unconstitutional.

There’s a push by some to replace the cross with a non-religious symbol at the memorial. They say the memorial needs more inclusive representation for veterans.

We want to know what you think. Should the cross be taken down and replaced with a more inclusive symbol to honor veterans, or should the cross stay where it is. Share your comments on our Facebook page. We’ll have some of your answers in our news at 9 on WHNT 2.


  • preacher

    The word of the Cross is foolishness to Those who are perishing! Psalm 9:17, ” the wicked shall be turned into HELL, and all nations that forget God”. There is only 1 Supreme Court, in Heaven. A Fool says in his heart, there is no God! There’s a pay day some day. Turn or Burn. Amen…

  • Sue

    I want to keep the cross! it is BEAUTIFUL!!! People are getting so non-religious it is awful. I LOVE the way the cross looks and what it represents!

  • Charlotte

    Its crazy how everyone keeps being offended by anything ro do with the cross or the Christian “religion “I’m young but I remember that this country was founded on the fact In God We Trust I bet the founding fathers who worked so hard to put important laws in place for the future citizen’s of this country just like all our military i bet all of them that fought and fight for this country pray all the time maybe if we went back to those moral values and quit worrying about offending others then we may have a chance it says freedom of religion it doesn’t mean they have to stop what they believe why should we we are all free to have our own opinion so we just give up ours to make them happy do u see any other religions changing what they do so leave the cross where it is did they ask any of the veterans what they think? They are taking it away from schools and the court rooms i remember the judge who could have fought for Jesus but didn’t then he was handed over to be sacrificed on the cross so here it is beginning again glad its not me who is trying to get rid of the cross and that I’m not the judge why can’t people leave well enough alone one day they all will realize what they’ve done and won’t be able to change the consequences or their very souls! God bless all those who love Jesus and will keep the faith till the end when he comes!

    • JA

      You may want to check your facts. The country was not founded on “In God We Trust.” That phrase wasn’t added until 1956. The founding fathers put laws in place that prevent things like this cross from being erected.

      Do I have a problem with the cross? Not personally, but the separation of church and state is clearly defined by those “founding fathers,” and this goes against it.

  • Waymon

    Stand down, U.S. District Judge Larry Burns, the Cross that ‘sets’ on the hill property was granfathered in before the change in the property ownership! Remember, it ‘sets’ there because it was placed there by hands, it did not place its self there!

  • preacher

    There will be a “separation” soon. God will separate the sheep from the goats. Sheep to His right, Goats to His left. All God haters on His “left” will be cast into The Lake of Fire to be tormented day & night, forever and ever. Amen…

    • JA

      Been hearing that for … how long now? The end is always nigh, and you always better hurry up and join the sheep or the loving god will send you into a lake of fire.

  • Sue

    Very simple as far as I am concerned. GOD created this world. No human did because GOD created Adam and Eve, all the animals and every living thing. HE put us on this Earth and now people think they are everything. No praise for the LORD or thanking HIM or even acknowledging HIM! How ungrateful can you be? People act like it is embarrassing to mention his name. I have said a prayer MANY times and had them answered to keep me safe or help me with problems. No human answered them. GOD did!! Look around you and what demonic things humans do to other humans. If GOD continues to be ignored it will get a lot worse! I think the cross is very sacred and people should respect it and leave it where it stands!

  • JA

    Love and worship god without any evidence that he exists or you will suffer for eternity!

    Loving god you’ve got there.

  • Benjamin Tielking

    I only ask everyone involved in this matter to think about LOVE not HATE & PEACE not WAR. What force gives us LOVE?…Is it God? Well,scripture states that “God is LOVE.” Do you love “LOVE”? What force brings us PEACE?…Is it God? Well,scripture states that “Jesus is The Prince of Peace.” Do you love “PEACE”? We as AMERICANS must choose…do we want LOVE & PEACE? or do we want HATE & WAR? Just a thought…but our choices will affect THIS & FUTURE GENERATIONS. Let us CHOOSE wisely. ~Rockin Matt: Musician

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