Supreme Court won't hear Soledad Cross case

The Supreme Court has denied cert on the Mt. Soledad Cross case, meaning the Court won't hear an appeal based on the 9th Circuit Court of Appeals decision which found the tributary cross unconstitutional. A three-judge panel ruled in January of 2011 that the 29-foot tall cross, located in the San Diego area and erected as a tribute to servicemembers, is unconstitutional based on the establishment clause. The Supreme Court's denial of cert means the lower court's decision stands as law.

The current cross has stood atop a 14-foot base on public land since 1954. It was originally built in 1913 and has been the subject of contentious legal battles since 1989. Opponents of the cross argue that it violates the First Amendment and California's No Preference clause because of the religious connotations a cross carries. These opponents have argued, through legal briefings, that it should be dismantled, sold to a third party and physically transferred off public land, or that the land should be auctioned off.

Check back to for more updates on the decision and the Supreme Court's forthcoming decision on the Stolen Valor Act.


  1. So, how long before the Supreme Court decides that the crosses in Arlington Cemetery are unconstitutional and orders them taken down?
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