Mount Soledad Cross facts for kids
Quick facts for kids Mount Soledad Cross |
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| Mount Soledad Easter Cross Mt. Soledad National Veterans Memorial |
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at dusk (2019)
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| Year | 1954 |
| Dimensions | 13 m (43 feet) |
| Location | San Diego |
| 32°50′23.4″N 117°14′40.9″W / 32.839833°N 117.244694°W | |
The Mount Soledad Cross is a famous landmark on top of Mount Soledad in La Jolla, San Diego, California. The cross you see today was built in 1954. It's actually the third Christian cross to stand in that spot, with the first one put up in 1913. Architect Donald Campbell designed the current cross using special concrete. It stands 29 feet (8.8 m) tall, or 43 feet [13 m] if you include its base. Its arms spread 12-foot (3.7 m). This cross is the main part of the Mt. Soledad National Veterans Memorial.
From 1989 until 2015, the Mount Soledad Cross was involved in many court battles. People argued about whether it was legal to have a religious symbol, like a Christian cross, on public land. Opponents said it showed favoritism to one religion, which goes against the idea of separating church and state. This idea is part of the First Amendment of the U.S. Constitution and the California Constitution. Judges often agreed with those who wanted the cross removed or sold. But people who supported the cross tried many ways to keep it there.
In 1998, the City of San Diego sold the cross and its land to a group called the Mount Soledad Memorial Association. The cross then became the center of a new Korean War Memorial. Later, the land under the cross was given to the U.S. federal government. In 2011, a federal appeals court said the cross was still against the Constitution. In 2012, the Supreme Court decided not to hear an appeal, sending the issue back to a lower federal court. In December 2013, a federal judge ordered the cross to be removed, but paused the order for an appeal. Finally, in July 2015, the Mt. Soledad Memorial Association bought the land under the cross from the Department of Defense for $1.4 million. This purchase meant the cross was no longer on government land, which ended the long legal fight about its constitutionality.
Contents
History of the Cross
Since 1913, three different Christian crosses have been built on city land at the top of Mt. Soledad. The first cross, made of wood, was put up in 1913 by local citizens. It was stolen in 1923, put back, and later burned down. The second cross was built in 1934 by a group of Protestant Christians. This stronger cross, made of stucco over a wood frame, was blown down by strong winds in 1952.
The current cross, which is 29 feet (9 m) tall on a 14-foot (4 m)-tall platform, was put up in 1954. It was first called the "Mount Soledad Easter Cross," and Easter services were held there every year for 40 years. The word "Easter" was removed in the 1980s. Today, it is known as the Mt. Soledad National Veterans Memorial.
Besides the cross, the memorial also has six walls with granite plaques. These plaques honor veterans, military units, or groups.
Why the Cross Caused Legal Debates
The main question in the legal battles was whether the Mt. Soledad Cross was truly a war memorial or mostly a symbol of the Christian religion. Here are some of the reasons why it was debated:
- When the cross was first put up in 1954, Easter services were held there every year. Maps from 1954 to 1989 called the spot the "Mt. Soledad Easter Cross." After 1989, the name on maps changed to "Mt. Soledad Memorial."
- Until the lawsuits started in 1989, there were no signs or markers at the site saying it was a veterans' memorial.
- Easter sunrise gatherings were held at the cross for many years. In the mid-1980s, these gatherings were advertised as "celebrations" instead of "services" and were open to everyone.
- The cross was dedicated to "Our Lord and Savior Jesus Christ" in 1954.
- The Mount Soledad Memorial Association added many improvements to the site, like walls with plaques for veterans. These improvements were made after the first lawsuit began.
- The Association says the memorial honors all those who served in the Korean War era.
- Some people argued that the cross on public land showed the government favoring one religion. They believed that to honor all veterans, a memorial on public land should be neutral about religion.
The American Civil Liberties Union suggested ways to solve the problem:
- The cross could be taken down.
- The cross could be sold to a private group and moved off public land. A nearby church even offered to put it on their property.
- The government could sell the land with the cross to the highest bidder. However, the government couldn't favor buyers who wanted to keep the cross.
People who supported the cross wanted to find a way to keep it exactly where it was.
Court Battles and Sales
The legal fight over the Mount Soledad Cross was long and complicated. It involved many different courts and attempts to sell or transfer the land.
First Attempt to Sell the Cross
In 1989, a lawsuit was filed against the City of San Diego. It claimed that having the cross on public land went against the California Constitution and the U.S. Constitution's rule about separating church and state. In 1991, a judge agreed with the lawsuit. He said the cross was on public park land and maintained with taxpayer money, which violated California's "No Preference" rule (meaning the government can't favor one religion).
In 1992, San Diego voters approved a plan to sell the land under the cross to a non-profit group. But in 1993, an appeals court still said the cross was unconstitutional, even if it was called a war memorial. The court said a very visible religious symbol on public land, without symbols of other religions, was not allowed.
In 1994, the city sold a small piece of land under the cross for $24,000 to the Mount Soledad Association. The city didn't ask for other bids, and the Association clearly wanted to keep the cross. In 1997, the judge again ruled that this sale was illegal. He said selling the land without allowing other buyers made it look like the city was favoring the Christian religion. He ordered the city to remove the cross within 30 days.
Second Attempt to Sell the Cross
The city tried to sell the land again in 1998. Five groups made bids, and the Mount Soledad Memorial Association offered the most ($106,000) for half an acre around the cross. A judge approved this sale in 2000. However, an appeals court later ruled that this sale also violated the California Constitution. They said it was like the government was giving financial help to a religion.
The City and the Association asked the court to reconsider, but they were denied. The case eventually went to the U.S. Supreme Court, but in 2003, they refused to review the decision.
While the cross and land were owned by the Association after the 1998 sale, the Association spent over $900,000 to add new parts to the memorial. These included granite walls and plaques honoring service members. The cross became surrounded by these memorial walls.
In 2004, San Diego voters rejected a plan to sell the land for a third time. This meant the City of San Diego was supposed to remove the cross.
Attempt to Give the Land to the Federal Government
Voters Approve Transfer
In December 2004, the U.S. Congress passed a law that called the memorial a "national memorial" for veterans. It also allowed the United States Department of the Interior to accept the memorial as a gift from the City of San Diego. This was an effort to move the cross to federal land, hoping it would solve the legal issues.
In March 2005, the San Diego City Council voted against giving the land to the National Park Service. They worried it would just move the church-state problem to federal courts. But over 100,000 San Diego County residents signed a petition asking the Council to change its mind. In July 2005, San Diego voters approved a measure (Proposition A) to transfer the property to the Interior Department. Over 75% of voters said "Yes."
Legal Challenge to the Transfer
However, the people who originally sued the city challenged this vote in state court. In October 2005, a judge ruled that the ballot measure was unconstitutional. She said keeping the Christian cross on the property was an unconstitutional preference for religion. She also said transferring the memorial to the federal government just to save the cross was ununconstitutional aid to religion.
So, lawsuits were happening in both state and federal courts. In 2006, Congress passed a law to transfer the memorial from city to federal ownership. This moved the main legal fight to federal court. In 2008, a federal judge ruled that the cross could stay, saying it mostly showed messages of military service and sacrifice. But in 2011, the United States Court of Appeals for the Ninth Circuit disagreed. They said the cross, with its history and religious dedication, still looked like the government was supporting religion.
The Supreme Court refused to hear an appeal in 2012. This meant the Ninth Circuit's ruling stood, and the issue went back to a lower federal court. In December 2013, a federal judge ordered the cross to be removed within 90 days, but paused the order for an appeal.
Federal Government Takes the Land
In May 2006, a judge ordered the cross to be removed within 90 days, or the city would be fined $5,000 a day. San Diego's mayor wanted to appeal this decision. He also asked President George W. Bush to use "eminent domain" to take the land. Eminent domain is when the government takes private property for public use, even if the owner doesn't want to sell it.
In July 2006, the U.S. House of Representatives passed a bill to transfer the Mount Soledad Cross to the federal government. President Bush strongly supported this. In August 2006, the U.S. Senate also approved the plan. This meant the federal government would take control of the land and the cross.
Eminent Domain Challenged
After the federal government took the land, new lawsuits were filed. The American Civil Liberties Union, representing the Jewish War Veterans of the United States of America and others, sued the U.S. government. They argued that keeping the cross on federal land still showed the government favoring religion.
In 2008, U.S. Federal Judge Larry Alan Burns ruled that the cross could stay. He said the memorial, including the cross, mainly showed messages about military service and sacrifice, not just religion. However, in January 2011, the United States Court of Appeals for the Ninth Circuit again ruled the cross unconstitutional. They said a reasonable person would see the memorial as the government supporting religion.
In June 2012, the Supreme Court again declined to hear the case. This sent the issue back to the lower federal court. In December 2013, a federal judge ordered the cross to be removed within 90 days, but paused the order for an appeal.
Final Sale to Mt. Soledad Memorial Association
Finally, on July 20, 2015, the Mt. Soledad Memorial Association announced they had bought the land under the cross from the Department of Defense for $1.4 million. This meant the cross was no longer on government land. On September 7, 2016, the 9th U.S. Circuit Court of Appeals dismissed the case. They said the case was now "moot" (meaning it no longer mattered) because the cross was no longer on government property. Both sides agreed that this decision ended the long legal battle.
Timeline of Legal Challenges
- May 31, 1989: Philip Paulson sues the City of San Diego to remove the cross.
- December 3, 1991: A U.S. District Court judge rules in favor of Paulson.
- June 2, 1992: San Diego voters approve selling the cross to a non-profit group.
- September 18, 1997: A judge rules that the sale violated the California Constitution.
- 1998: The City tries to sell the land to a private group again.
- 2000: The Ninth Circuit Court of Appeals finds that the sale violated the California Constitution.
- 2003: The Supreme Court refuses to review the case.
- November 2004: Voters reject a plan for a third sale of the land.
- July 26, 2005: Voters approve transferring the property to the Interior Department.
- October 7, 2005: A judge finds the ballot measure unconstitutional.
- July 2006: The Supreme Court issues a temporary pause on an order to remove the cross.
- August 14, 2006: President George W. Bush signs a law to transfer the cross to the Interior Department.
- January 2011: The U.S. Court of Appeals for the Ninth Circuit rules the transfer unconstitutional.
- June 25, 2012: The Supreme Court declines to hear the case.
- July 20, 2015: The Mt. Soledad Memorial Association buys the land under the cross from the Dept. of Defense.
- September 7, 2016: The 9th U.S. Circuit Court of Appeals dismisses the case, ending the legal battle.
