Soledad was erected in 1913 by private citizens living in La Jolla and Pacific Beach, but was stolen in 1923; later that year it was affixed back in the ground in Mt.

"Neither the Legislature, nor any county, city and county, township, school district, or other municipal corporation, shall ever make an appropriation, or pay from any public fund whatever, or grant anything to or in aid of any religious sect, church, creed, or sectarian purpose, or help to support or sustain any school, college, university, hospital, or other institution controlled by any religious creed, church, or sectarian denomination whatever; nor shall any grant or donation of personal property or real estate ever be made by the State, or any city, city and county, town, or other municipal corporation for any religious creed, church, or sectarian purpose whatever; provided, that nothing in this section shall prevent the Legislature granting aid pursuant to Section 3 of Article XVI.

[22] At that time, the city did not solicit or consider any bids or offers from other prospective buyers of this land and the Association clearly stated its intention to keep the cross as part of its proposed war memorial.[21] p.

Judge Thompson wrote, "it is the exclusion of any other purchasers of or bidders for the land that gives the appearance of preferring the Christian religion that the California Constitution forbids."

Judge Thompson also wrote that "the City's attempt to comply with this Court's order by selling only a small portion of the land underneath the Mount Soledad cross still shows a preference or aid to the Christian religion.

"[19][dead link‍] Judge Thompson added, "Both the method of sale and the amount of land sold underneath the Mount Soledad cross do not cure the constitutional infirmities outlined in this Court's previous Order.

[26] In November 2004, voters rejected Proposition K, a ballot measure to authorize a third sale of a portion of Mount Soledad to the highest bidder.

This veterans memorial designation was added by Congressmen Randy "Duke" Cunningham (R) and Duncan Hunter (R), both of whom represented portions of San Diego County, as a rider to a voluminous spending bill approved in November 2004 by the United States Congress.

[25] On March 8, 2005 the San Diego City Council voted against a proposal to transfer the land to the National Park Service, a move which proponents believed might avoid the court-ordered removal of the cross.

On May 16, 2005, the Council reconsidered its decision to transfer the land at the request of those petitioners, and, after rejecting a proposal to directly donate the land to the Federal government in a 5–4 vote, the Council voted 6–3 to include a ballot measure in the upcoming special Mayoral election to be held July 26 which would allow the voters of San Diego to approve the donation (ballot item (PDF)).

On July 26, 2005, the ballot measure to transfer the property to the Interior Department as a veterans memorial received votes exceeding the two-thirds threshold required to pass.

The City argued that the purpose of the ballot measure was to determine the will of the people of San Diego with respect to the federal government's offer to accept a donation of the property.

The private citizens' group which had sponsored the petition leading to ballot measure argued that display of the cross was not unconstitutional because the many significant improvements added to it removed any doubt that it is a genuine veterans memorial.

Judge Thompson declared that "It is now time, and perhaps long overdue, for this Court to enforce its initial permanent injunction forbidding the presence of the Mount Soledad Cross on City property.

Sanders pointed out that over 75% of San Diego voters believe the cross should remain in place, as evidenced by the votes in favor of transferring the memorial property to the federal government.

Sanders warned of the "uncertain future" of the monument and said he fully supported the federal government condemning the property to save the cross, a request first made late Wednesday by Rep. Duncan Hunter, R-Alpine.

... City Attorney Michael Aguirre weighed in on the issue Thursday afternoon – several hours after the mayor's press conference – and he questioned whether the request for federal condemnation of the property violated an existing judicial order.

Circuit Court of Appeals declined to step in and suspend the $5,000 daily fine that will be imposed on the city if the cross wasn't removed from city property by August 1[36] On June 26, 2006, San Diego County Congressmen Rep. Duncan Hunter (R-52nd), Rep. Brian Bilbray (R-50th) and Rep. Darrell Issa (R-49th) introduced House Report Bill 5683,[37] a bill to preserve the Mt.

On July 3, 2006, Supreme Court Justice Anthony M. Kennedy issued a temporary stay in favor of the city and the cross's supporters to allow time for further appeals.

The Statement read, in part, "In the face of legal action threatening the continued existence of the current Memorial, the people of San Diego have clearly expressed their desire to keep the Mt.

On August 11, 2006, Steve Trunk, who is a San Diego resident, veteran, and atheist, was named and added as a Plaintiff to the old and a newly filed lawsuit.

U.S. District Court Judge Barry Moskowitz heard Plaintiffs Paulson and Trunk argue the case of the federal involvement in the ownership of a Christian cross.

Plaintiffs' Attorney James McElroy [42] accused the federal officials of using eminent domain in bad faith and with the sole purpose to keep the Mt.

"[43] On August 14, 2006, President George W. Bush signed into law Bill HR 5683 that would transfer City of San Diego property from Mt.

On August 21, 2006, the American Civil Liberties Union representing the Jewish War Veterans of the United States of America filed a separate lawsuit against the U.S. government and Defense Secretary Donald Rumsfeld, charging that the continued display of the Mt.

Soledad Latin cross on federally owned land unlawfully entangles government with religion and asks the Court to rule the 29-foot (9 m) tall display be removed from Mt.

[44] On September 22, 2006, U.S. District Court Judge Barry Ted Moskowitz consolidated two separate cases that challenged the constitutionality of a Latin cross on government land atop Mount Soledad, involving a transfer to the US Department of Defense.

On October 12, 2007, the ACLU of San Diego & Imperial Counties filed a motion for Summary Judgement with the Southern District Court of California on behalf of four plaintiffs: the Jewish War Veterans of the United States, Richard A. Smith, Mina Sagheb, and Judith M. Copeland.

On July 31, 2008, U.S. Federal Judge Larry Alan Burns ruled that the cross could remain, writing, "The Court finds the memorial at Mt.

[57] Justice Alito wrote in a personal statement that explained the rejection because the remedy of return to District court for compromise solution had not been attempted.