San Diego – The Supreme Court intervened Monday to stop, at least for now, the removal of a large cross from city property in Southern California.
A lower court judge had ordered the city of San Diego to remove the cross or be fined $5,000 a day.
Justice Anthony Kennedy, acting for the high court, issued a stay while supporters of the cross continue their legal fight.
Lawyers for San Diegans for the Mount Soledad National War Memorial said in an appeal that they wanted to avoid the “destruction of this national treasure.” And attorneys for the city said the cross was part of a broader memorial that was important to the community.
The 29-foot cross, on San Diego property, sits atop Mount Soledad. A judge declared the cross, a symbol of Christianity, was an unconstitutional endorsement of one religion over another.
The cross, which has been in place for decades, was contested by Philip Paulson, a Vietnam veteran and atheist.
Three years ago, the Supreme Court had refused to get involved in the long-running dispute between Paulson and the city.
Kennedy granted the stay to the city and the cross’ supporters without comment pending a further order from him or the entire court.
It was unclear Monday how long the stay will remain in effect or whether the Supreme Court would ultimately deny the appeals by the city and the cross’ supporters.
In its most recent case involving religious symbols, the Supreme Court ruled last year in a pair of 5-4 decisions that overtly religious displays are unconstitutional, but historic ones are allowed.
The court, then led by Chief Justice William Rehn quist, struck down framed copies of the Ten Commandments in two Kentucky courthouses while upholding a 6-foot granite monument on the grounds of the Texas Capitol.
The only religious case to come before the court under Chief Justice John Roberts involved the use of hallucinogenic tea by a small branch of a South American religious sect. The court unanimously ruled that the government cannot hinder religious practices without proof of a “compelling” need to do so.
