A nonprofit legal firm wants to go to the U.S. Supreme Court to fight a lower court decision that found a war memorial cross in a San Diego public park unconstitutional.

The Liberty Institute filed a motion Thursday with the 9th U.S. Circuit Court of Appeals seeking to appeal, saying the Mount Soledad Memorial honors American veterans.

The 29-foot cross was dedicated in 1954 in honor of Korean War veterans.

Last week, the appeals court denied a request to rehear the case after ruling in favor of the American Civil Liberties Union, which says the cross is unconstitutional

The legal fight began in 1989 when atheist and Vietnam War veteran Philip Paulson sued San Diego saying the cross excludes non-Christian veterans.

The U.S. Department of Justice also wants a rehearing.