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Court Rules Mount Soledad Cross Unconstitutional

Revoltingest

Pragmatic Libertarian
Premium Member
Hmm..
Now all you needs do is show how that law favours one religion over the rest.
Ah, tricky your wordings, so rephrase it I must.
It favors a group of monotheistic religions over non-religions & non-monotheistic religions.
 

McBell

Unbound
It favors a group of monotheistic religions over non-religions & non-monotheistic religions.

And?
You forgot to show where it sanctions one religion over the rest.
I mean that is exactly what the amendment you cited said:
"Congress shall make no law respecting an establishment of religion"​
 

Revoltingest

Pragmatic Libertarian
Premium Member
And?
You forgot to show where it sanctions one religion over the rest.
I mean that is exactly what the amendment you cited said:
"Congress shall make no law respecting an establishment of religion"​
You'll note that the 1st Amendment doesn't say "establishment of a religion", but rather the non-quantitative "establishment of religion".
So if the federal gov't enacts legislation favoring some religions over others, then it sure looks unconstitutional.
 

Falvlun

Earthbending Lemur
Premium Member
I don't know.
Are they are government property?
Ok, I give up. I can't find out who owns the pyramids. But how could they not be gov property?

Mestermia said:
I agree.
The government should sell the land and build a new structure on land that does not have any religious history.

Or perhaps they can move the "offending" peice(s) to a non-governmental property.
Yup. Both acceptable alternatives, and actually, pretty easily done in this particular instance.

Mestemia said:
Are those of non-Christian and non-Jewis faith denied having their religious symbol on their gravestone?
If so, then it is a blatant violation.
If not, there is no violation.
See a couple posts up: Apparently, there are a multitude of different religious headstones authorized for use. I couldn't find any pictures of them in use, though.

Mestemia said:
Based upon what legal grounds?
I see you and Revoltingest are hashing this out. Honestly, I thought it a pretty blatant violation of the establishment clause, much worse than this here cross that I never even heard of until today.
 

Revoltingest

Pragmatic Libertarian
Premium Member
Egypt thinks Revoltistan is cute, but will crush it nonetheless. I suggest you return them.
I store them in Egypt. They're so clueless, they didn't even notice the change in ownership.
Besides there's a lot of upkeep, & they're better able to manage them. I think of it as a
partnership....I'm the silent partner.
 

Falvlun

Earthbending Lemur
Premium Member
I store them in Egypt. They're so clueless, they didn't even notice the change in ownership.
Besides there's a lot of upkeep, & they're better able to manage them. I think of it as a
partnership....I'm the silent partner.
Ah, very smooth. I have much to learn.
 

Poisonshady313

Well-Known Member
Here's a more well rounded account of this story from CNN... I used it to start a thread on another forum.



A federal appeals court ruled Tuesday that a cross displayed on public property for nearly a century is unconstitutional.

Three versions of the Christian symbol have been erected atop 822-foot Mount Soledad in the posh La Jolla neighborhood of San Diego, California, since 1913.

The current 43-foot cross was erected in 1954 in honor of Korean War veterans and has been the subject of near constant judicial back and forth since 1989, when two Vietnam War veterans filed suit against the city, saying it violated the California Constitution's "No Preference" clause.

The 9th Circuit Court of Appeals rejected the notion that the cross -- since the late 1990s surrounded by plaques and paving stones honoring veterans and war dead -- was solely a memorial.

"The use of such a distinctively Christian symbol to honor all veterans sends a strong message of endorsement and exclusion," the court said in its ruling. "It suggests that the government is so connected to a particular religion that it treats that religion's symbolism as its own, as universal. To many non-Christian veterans, this claim of universality is alienating."

The court also noted that the site had, for most of history, been used for Easter services -- marked on maps until the late 1980s as the "Mount Soledad Easter Cross" -- and was designated a war memorial with a plaque "only after the legal controversy began in the late 1980s."

"It was not until the late 1990s that veterans' organizations began holding regular memorial services at the site," the court said.

And the court rejected arguments that the cross at a war memorial was no different than any other memorial that includes a cross.

"This war memorial -- with its imposing Cross -- stands as an outlier among war memorials, even those incorporating crosses," the ruling says. "Contrary to any popular notion, war memorials in the United States have not traditionally included or centered on the cross and, according to the parties' evidence, there is no comparable memorial on public land in which the cross holds such a pivotal and imposing stature, dwarfing by every measure the secular plaques and other symbols commemorating veterans."



All the bickering about the first amendment to the US constitution can stop... it's a violation of the Constitution of the State of California. I suppose I can try to pinpoint the relevant passage.... if you really want me to.
 

uu_sage

Active Member
The cross is my symbol. Display of a cross would be fine in a church, a monastery, on private property or some other place that is not on government land. The Mt. Soledad Cross makes me uneasy because it is a Veteran's Memorial that claims to honor the sacrifice of all soldiers regardless of their faith tradition or lack thereof and it's on government land. Government cannot endorse one faith tradition above others. We have a separation of church and state in this country and it needs to be upheld. Government should not be in the business of endorsing religious practice or religious tradition. They are public servants and not national theologians. This particular cross is Protestant in nature so it excludes those of my brothers and sisters in Christ who aren't Protestant and also excluding those of God's children of other faith traditions and those with no faith tradition. The only ones who seem to be upset by the removal of the cross is the Religious Right.
How exactly is your ability to worship in the way you wish to worship different today than it was yesterday?

I seriously want to know.

Sure, I understand why it would be oppressive for the gov to specifically, and exclusively, endorse one religion over others, but how exactly was this cross, which has been there since 1913, repressing you?
 
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