A San Diego federal judge made a reluctant ruling Thursday that the cross atop Mount Soledad is unconstitutional, although the chances of the La Jolla monument coming down anytime soon are unlikely.
The latest ruling by U.S. District Judge Larry Burns will likely send the case back to the U.S. Supreme Court. The high court declined to hear the case last year, but said it could reconsider once a lower court enters a final judgment.
Burns ordered the cross to be removed within 90 days, and then stayed that order until all appeals have been exhausted.
That’s right, they have to give a chance to run it by Scalia again, the justice who apparently really actually does believe that a Christian cross is a memorial to war dead of any and all faiths (which must be why the Jewish War Veterans of the United States of America–with others–filed the suit). So don’t hold your breath. The Supremes had earlier kicked the case back to the lower court to let it simmer for a bit, rather than have the guts to decide.
The cross on the hill was a beautiful sight
On the days when the sky was most bluish;
It stood for the soldiers who gave up their lives
Well, except when the soldiers were Jewish.
The cross on the hill, it looked rugged and old
Though the city maintained it as newish;
The congressman said that it stood for the dead
Well, unless they were atheist, Muslim, or Jewish.
The cross on the hill was a secular thing—
That’s a lie, but it kinda sounds truish—
The judge said it symbolized service and loss
Well, except for the Buddhists, the Hindus, the Pagans, the Jains, the Confucians, the Shinto, the Sikh, the Druids, the Wiccans, Baha’i, Hare Krishna, Zoroastrian, Scientologists, atheists, Muslim or Jewish. Or the religions of the tribal nations who once owned the land the cross is on.
The cross on the hill is religious, of course
Said a Judge who rejected the woo-ish
And it can’t be a symbol for everyone there
If it doesn’t mean Buddhists, the Hindus, the Pagans, the Jains, the Confucians, the Shinto, the Sikh, the Druids, the Wiccans, Baha’i, Hare Krishna, Zoroastrian, Scientologists, atheists, Muslim or Jewish. Or, you know, the indans. Or even Christians who don’t want a symbol, or use a different cross from the Latin Cross, or (fades)