Mt. Soledad Cross Cases
(Paulson v. City of San Diego)
Image of the Mt Soledad Cross, Mt. Soledad National Veterans Memorial, San Diego, CA
About the Mt. Soledad Cross
San Diego owned a 170-acre parcel of land that was dedicated to public use in 1913 as “Mt. Soledad Natural Park.” The first cross was constructed by private citizens out of redwood in 1913. Vandals destroyed it in 1924. In 1934, someone replaced it with a cross made of wood and stucco. A windstorm destroyed that cross in 1952.
The third, and current, cross was erected by the Mt. Soledad Memorial Association (Association) in 1954 as a tribute to veterans of World War I, World War II, and the Korean Conflict. The cross is 43-feet-tall and weighs 24-tons. Although the Association has paid for most of the maintenance costs associated with the cross, public funds have been expended to maintain it as well.
Overview:
Opponents of the cross said that it violated the "Establishment Clause" of the First Amendment prohibiting the government from endorsing one religion over another. Proponents said that the cross is a local landmark and a secular sign of service and sacrifice by veterans.
At issue is how a Latin cross is viewed by Christians and non-Christians.
Christians see the cross as part of their identity. The cross is worn by Christians "as an indication of their commitment to the Christian faith" https://en.m.wikipedia.org); used to mark their grave sights; and, placed in city centers (or other prominent location) during Christmas. Being required to remove this symbol can be taken as a personal affront to their identity.
For non-Christians, a prominently displayed Latin cross standing alone, without similar symbolism of their personal identity, causes very real feeling of exclusion. If such a prominently displayed Latin cross is on government owned or maintained property, non-Christians infer that the government is excluding them to the preference of Christians.
Comment:
The facts described in the Mt. Soledad Cross case are very similar to those described in the American Legion v. American Humanist Association Supreme Court case (i.e., A large Latin cross used as a war memorial, built on public land). However, the American Legion decision was argued and decided during 2019, three (3) years after the Mt. Soledad Cross case had been decided.
Mt. Soledad Cross Case Chronology (1989 - 2016)
Case Chronology:
The initial suit was filed in 1989 seeking to enjoin (stop) the City from allowing the Mt. Soledad cross to remain on public land. According to the "Standing" section of Ellis v. City of Las Mesa, 990 F.2d 1518, (9th Cir. 1993), the plaintiffs were atheists, Vietnam combat veterans, San Diego residents, and taxpayers. They say that they were "deeply offended" by the presence of the cross on Mt. Soledad. Both attest that they would like to take in the spectacular views of San Diego from the park on Mt. Soledad but avoid doing so because of the cross' dominance of the hilltop.
In 1991, a District Court Judge ruled that it was unconstitutional for the city to maintain the cross and ordered the city to come up with a plan for complying with constitutional requirements that government not support or show preference for religion.
San Diego tried to structure an auction of Mt. Soledad Park so that the purchaser was an organization that would preserve the cross. In 2002, the ACLU brought suit against the city of San Diego regarding whether the city violated its state constitution when it gave unfair advantage to a religiously oriented veterans organization in the sale of a city-owned park.
In 2006, the U.S. Congress intervened and took the property by eminent domain, then turning it over to the Defense Department for use as a war memorial.
In July 2015, the Mount Soledad Memorial Association agreed to pay $1.4 million to buy the cross and the land beneath it from the Department of Defense. It took more than a year from that point for the plaintiffs, which included FFRF Life Member and California State Representative Steven Trunk, to review the sale and other details.
In 2008, a U.S. District Court judge in San Diego ruled that the cross was not a religious symbol, but one of service and sacrifice. This decision was appealed to the 9th Circuit.
In July 2015, the Mount Soledad Memorial Association agreed to pay $1.4 million to buy the cross and the land beneath it from the Department of Defense. It took more than a year from that point for the plaintiffs, which included FFRF Life Member and California State Representative Steven Trunk, to review the sale and other details.
In 2011 the 9th Circuit reversed the San Diego U.S. District Court judge's decision, saying the cross was a "distinctively Christian symbol."
In July 2015, the Mount Soledad Memorial Association agreed to pay $1.4 million to buy the cross and the land beneath it from the Department of Defense. It took more than a year from that point for the plaintiffs to review the sale and other details.
Finally in September 2016, The 9th U.S. Circuit Court of Appeals ruled an end to the case because the issue was moot — the cross was no longer on public grounds after a private organization purchased the land.
Sources and Links:
Ellis v. City of Las Mesa, 990 F.2d 1518, (9th Cir. 1993) (Standing section)
Appeal from the United States District Court for the Southern District of California to the 9th Circuit Court
Decided March 23, 1993
https://casetext.com/case/ellis-v-city-of-la-mesa/
Federal Court Rejects San Diego's Effort to Preserve Cross on Public Land
ACLU Website June 25, 2002; 12:00 am.
PAULSON v. CITY OF SAN DIEGO (2002), United States Court of Appeals, Ninth Circuit, (Background section)
Philip K. PAULSON, Plaintiff-Appellant, v. CITY OF SAN DIEGO; Mt. Soledad Memorial Association, Inc., Defendants-Appellees.
No. 00-55406. Decided: June 26, 2002 https://caselaw.findlaw.com/court/us-9th-circuit/1372481.html
Mt. Soledad cross case ends after 27 years
Published by the Freedom from Religion Foundation, Inc., October 2016
https://ffrf.org/about/year-in-review/item/27672-mt-soledad-cross-case-ends-after-27-years
Source Material