High court sidesteps San Diego cross dispute

Monday June 25, 2012 6:00 PM

WASHINGTON (AP) — The Supreme Court won't get involved for now in a fight over whether a 29-foot war memorial cross can remain on public land overlooking the Pacific Ocean in San Diego.

The justices refused Monday to review an appeals court ruling that deemed the Mount Soledad cross an unconstitutional mixing of government and religion. The case now goes back to the U.S. District Court in California to decide what should be done to remedy the situation.

Hiram Sasser of Liberty Institute, the legal group representing the Mt. Soledad Memorial Association, says the government could propose making additions to the war memorial instead of removing the cross.

In a statement, Supreme Court Justice Samuel Alito said a new appeal could be considered once that issue is decided by the district court.

Sound:

%@AP Links

251-v-31-(Steve Coleman, AP religion editor)--The Supreme Court won't get involved for now in a fight over whether a 29-foot war memorial cross can remain on public land overlooking the Pacific Ocean in San Diego. AP Religion Editor Steve Coleman reports. (25 Jun 2012)

<<CUT *251 (06/25/12)>> 00:31

271-a-07-(David Loy, legal director, ACLU of San Diego, in AP interview)-"out of it"-David Loy, legal director for the ACLU of San Diego, says a federal appeals court was right to find the Mount Soledad cross unconstitutional. (25 Jun 2012)

<<CUT *271 (06/25/12)>> 00:07 "out of it"

272-a-08-(David Loy, legal director, ACLU of San Diego, in AP interview)-"constitutional or not"-David Loy, legal director for the ACLU of San Diego, says the Mount Soledad cross case isn't over. (25 Jun 2012)

<<CUT *272 (06/25/12)>> 00:08 "constitutional or not"

273-a-12-(Hiram Sasser, director of litigation, Liberty Institute, in AP interview)-"preserve this memorial"-Hiram Sasser, director of litigation for Liberty Institute, says a Supreme Court justice suggested a future appeal could be considered. (25 Jun 2012)

<<CUT *273 (06/25/12)>> 00:12 "preserve this memorial"

274-a-14-(Hiram Sasser, director of litigation, Liberty Institute, in AP interview)-"it may mean"-Hiram Sasser, director of litigation for Liberty Institute, says the Mount Soledad cross might still be preserved. (25 Jun 2012)

<<CUT *274 (06/25/12)>> 00:14 "it may mean"

275-a-11-(Hiram Sasser, director of litigation, Liberty Institute, in AP interview)-"be torn down"-Hiram Sasser, director of litigation for Liberty Institute, says the Supreme Court could hear a future appeal in the case. (25 Jun 2012)

<<CUT *275 (06/25/12)>> 00:11 "be torn down"

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