Congress approves transfer of San Diego cross to federal control

August 2, 2006

WASHINGTON (RNS) The Senate passed legislation Tuesday (Aug. 1) to transfer ownership of Mount Soledad Veterans Memorial in San Diego to the federal government, the latest twist in an escalating battle over the legality of a publicly displayed cross.

The House previously passed the bill; the measure now awaits a signature from President Bush, whose administration has supported it.

"The people of San Diego have clearly expressed their desire to keep the Mt. Soledad Veterans Memorial in its present form. Judicial activism should not stand in the way of the people," said a statement from the White House.

The 29-foot cross currently sits on city property as part of a veterans memorial. The bill passed by Congress would transfer control of the property to the federal government.

The battle over the towering cross has lasted more than 15 years after an atheist Vietnam War veteran, Philip Paulson, filed a lawsuit that said the cross's placement violated the separation of church and state.

Last month, the U.S. Supreme Court issued a stay in the case, which suspended a lower court decision that would have forced the city to remove the cross from public land or risk a $5,000-per-day fine.

The American Center for Law and Justice hopes future legislation would protect the 29-foot cross from being torn down.

"The Senate action clears the way for a legislative solution to keep the Mt. Soledad cross in place," said Jay Sekulow, chief counsel of the ACLJ, in a statement.

-- J. Edward Mendez