ACLJ Calls California Appeals Court Decision an Important Victory in the Battle to Keep San...

WASHINGTON -- The American Center for Law and Justice (ACLJ), specializing in constitutional law, today applauded a decision by the California Court of Appeals overturning a lower court decision that said a ballot proposition by San Diego voters to donate the property on which the Mt. Soledad Memorial sits to the federal government was unconstitutional. The ACLJ filed an amicus brief in the California case in support of the cross memorial and has filed briefs at the federal level as litigation continues.

"The California appeals court got it right," said Jay Sekulow, Chief Counsel of the ACLJ, which is actively defending the constitutionality of the cross. "This decision clearly shows that the ballot proposition was proper and constitutional in transferring the land to the federal government. This decision represents another important legal victory in the ongoing battle to keep the Mt. Soledad Memorial in place."

In the 53-page decision released today, the three-judge panel for the California Court of Appeal for the Fourth Appellate District unanimously held that the trial court erred in invalidating the ballot proposition which cleared the way for the City of San Diego to donate the property to the federal government. The appeals court overturned the trial court decision saying that ballot proposition did not violate the constitution.

Just two weeks ago, the ACLJ filed an amicus brief with the U.S. Court of Appeals for the Ninth Circuit on behalf of 22 members of Congress asking the appeals court to dismiss a case against the City of San Diego challenging the memorial because the federal government now owns the land on which the cross sits.

Included in the 22 members of Congress represented in that brief is California Congressman Duncan Hunter who sponsored the federal legislation that transferred control of the Mt. Soledad Memorial to the federal government. That legislation was signed into law by President Bush in August.

The Mount Soledad case has generated national interest as well with more than 170,000 Americans - including more than 27,000 Californians - signing on to the ACLJ Petition to Preserve the Mt. Soledad Veterans Memorial.

Led by Chief Counsel Jay Sekulow, the American Center for Law and Justice specializes in constitutional law and is based in Washington, D.C. The ACLJ is online at www.aclj.org.