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9th Circuit declines to rehear Mt. Soledad cross case |
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Written by Don Byrd
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Monday, 17 October 2011 |
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Via Howard Friedman, the 9th Circuit has declined a request to rehear the long-running Mt. Soledad cross case. The San Diego Union Tribune reports:
A three-judge panel of the 9th U.S.
Circuit Court of Appeals ruled in January that the cross’ position on
public land was a sign of government favoring religion, which
represented a victory for cross opponents in a battle that has spanned
more than 20 years.
The panel did not order the 43-foot monument in La Jolla to be
removed, but instead sent the matter back to a federal court in San
Diego to determine whether it will be moved or modified to pass
constitutional muster.
Supporters of the cross then requested a review by a larger
panel of the 9th Circuit, but a majority of active judges of the court
did not vote for rehearing, according to a decision filed
Friday.
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