Fight to Save Mt. Soledad Memorial Achieves Significant Win

State Litigation at an End

WASHINGTON, Feb. 22, 2007—After a long battle, the will of San Diego voters finally has prevailed.

The California Supreme Court has denied review in an appeal involving a case challenging the constitutionality of a San Diego ballot initiative in which voters overwhelmingly approved a measure donating the Mt.  Soledad Memorial to the federal government. The American Center for Law and Justice (ACLJ) filed an amicus brief with the California Supreme Court earlier this month on behalf of 20 members of Congress asking the state's highest court to reject the appeal.

"We're extremely pleased that the California Supreme Court has decided to reject this case, which effectively brings an end to state litigation to remove the Mt. Soledad cross memorial," said Jay Sekulow, chief counsel of the ACLJ, which is active in defending the constitutionality of the cross. "This represents the latest in a series of legal victories to keep the cross in place and we're confident that the final legal challenge-now in federal court-will ultimately fail as well. The cross memorial is an important symbol honoring veterans of our military. We believe this memorial will survive the final round of legal challenges and remain in place. We will continue our legal work to that end."

The California Supreme Court issued its case list yesterday and said it would not take up the appeal in which a lower court upheld the constitutionality of the ballot initiative in which San Diego voters approved a measure donating the memorial to the federal government. That is exactly what the ACLJ amicus brief requested in urging the state's highest court to reject the appeal. "The Petition for Review should be denied because the clear purpose and effect of Proposition A is to preserve a historically significant war memorial, not to proselytize a particular religious viewpoint or coerce any religious activity," the brief concluded. The ACLJ brief is online at www.aclj.org.

The only litigation remaining involves a federal lawsuit challenging legislation signed into law by President Bush last August that transferred control of the memorial to the federal government.

The ACLJ, which has been active in defending the constitutionality of the monument at both the state and federal levels, says it will file briefs in the ongoing federal case on behalf of members of Congress.

Just last month, the U.S. Court of Appeals for the Ninth Circuit dismissed a separate federal challenge against the City of San Diego determining that legal challenge was moot since the federal government now owns the land on which the monument sits.

The Mount Soledad case has generated national interest as well with more than 170,000 Americans-including more than 27,000 Californians-signing on to the ACLJ Petition to Preserve the Mt. Soledad Veterans Memorial.

Led by Chief Counsel Jay Sekulow, the American Center for Law and Justice specializes in constitutional law and is based in Washington, D.C. The ACLJ is online at www.aclj.org.

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