In a bit over two weeks, the long fight over maintaining the Mt. Soledad cross on a hill overlooking La Jolla, California will reach another milestone. Today's San Diego Union Tribune reports that on July 26, the voters of San Diego will vote on Proposition A which will authorize City Council to donate the cross site to the Federal government as a veterans' memorial.
In 1991 in Murphy v. Bilbray, 782 F. Supp. 1420, a California federal district court ruled that the cross on city land violated the "No Preference" clause of the California Constitution. Ever since then, the city has been seeking a solution. This has included attempts to sell the land to private parties, extensive additional litigation, and the inclusion of language in this year's federal budget bill that directs the Secretary of Interior to administer the site as part of the National Park System once it is donated to the federal government. In addition, California Congressman Duncan Hunter has introduced the War Memorial Preservation Act (H.R. 2229) which would specifically permit federal war memorials to recognize the religious backgrounds of members of the armed forces by including religious symbols.
Opponents claim the transfer would be an unconstitutional governmental preference for Christianity, and that the transfer would merely create Establishment Clause problems for the federal government. Opponents, though, are doing little to campaign against the ballot issue. Instead they are focusing on court challenges. There will be a court hearing this Wednesday in a suit that seeks to invalidate the referendum, or at least impose a two-thirds requirement for its passage.
UPDATE: After a July 13 hearing, Judge Patricia Yim Cowett ruled that the referendum could move forward. The Union Tribune reported that the judge said that a 2/3 vote however might be required and asked for futher briefs on other issues. A further hearing is scheduled before the date of the vote.
