The Mount Soledad cross is a 29-foot tall cross (43 feet tall if you include the base) that was erected in 1954 on top of Mount Soledad in La Jolla. Litigation around the legality of the cross over whether or not it is a violation of the First Amendment has been going on since 1989 and over the years there has been continuous litigation regarding its legal status. When the original plaintiff of the Mt. Soledad cross case, Phil Paulson, was dying he asked Steve Trunk to take over as plaintiff.
The current state of the Mt Soledad case is that in January 2011, the United States Court of Appeals for the Ninth Circuit ruled the cross unconstitutional. Judge McKeown wrote for the court, "Overall, a reasonable observer viewing the Memorial would be confronted with an initial dedication for religious purposes, its long history of religious use, widespread public recognition of the Cross as a Christian symbol, and the history of religious discrimination in La Jolla."
But the case is not over. The opposition wishes to take it to the highest court in the land. The question is whether the Mt. Soledad Easter Cross is a war memorial or the unmistakable symbol of Christianity. To date, the courts have consistently agreed that the Mt. Soledad Easter Cross fosters an excessive entanglement by government with religion.
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