Calif. park cross advocates want to appeal

AP News
Posted: Oct 21, 2011 7:05 PM
Calif. park cross advocates want to appeal

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

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Katie Pavlich

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.