This is truly surprising, the Obama Administration is standing up for the Mt. Soledad Cross war memorial.
Via Fox News:
The Justice Department says a 29-foot war memorial cross on a San Diego mountain is not an unconstitutional promotion of Christianity and should remain on federal property.
The Obama administration said an appeals court ruling declaring the cross on Mount Soledad a violation of the constitutional separation of church and state undermined an act of Congress and conflicted with recent Supreme Court decisions.
But, in a filing Monday to the nation’s highest court, it said an appeal should first be considered by the 9th U.S. Circuit Court of Appeals because there is no imminent risk that the cross is removed. Last month, the Mt. Soledad Memorial Association asked to skip the appeals court and go straight to the U.S. Supreme Court, saying it wanted to hasten resolution to a legal dispute that began in 1989.
The brief by Solicitor General Donald B. Verrilli Jr. said “additional time for reflection” may cause the 9th Circuit to reconsider its position. It says the Justice Department will appeal to the Supreme Court if it loses.
The 9th Circuit has been an unfriendly venue to advocates of the cross, ruling in 2011 that it was unconstitutional because it sits on federal property and sending the case back to U.S. District Judge Larry Burns to consider alternatives. In December, Burns reluctantly ordered that the cross be removed but said his order would be put on hold pending appeals.
For now, the Mt. Soledad Cross war memorial is safe! What do you think of that?
H/T IJ Review