he U.S. Supreme Court intervened this week in one of the nation's longest running cases involving the separation of church and state, and stayed -- at least for now -- the removal of the 43-foot-high Christian cross on Mt. Soledad, San Diego, California.

   Justice Anthony Kennedy, without comment, issued the stay on a lower federal court ruling that declared the cross to be an unconstitutional endorsement of one religion over another and ordered its removal on or before August 2. If government officials did not comply, the city would have faced fines of $5,000 per day.

   Supporters of the cross were ecstatic and vowed to continue the legal fight.

   Attorneys for "San Diegans for the Mount Soledad National War Memorial" said that they wished to avoid "the destruction of a national treasure. San Diego Mayor Jerry Sanders added that he hoped that Kennedy's order would lead to the high court ultimately hearing the case, which it has rejected twice. Supporters said that they have been encouraged by the addition of two new justices to the Supreme Court.

   In May, U.S. District Court Judge Gordon Thompson ruled that the Mt. Soledad cross violated the state constitution's ban on establishment of religion and preference of one religion over another. He handed down a similar ruling in 1999, but it was delayed by appeals. In December, 1991, Thompson ruled against the presence of the cross in a decision dealing with the Mt. Soledad Christian memorial and a similar cross on Mt. Helix visible from the town of La Mesa and environs.

   The original case was filed 17 tears ago by Atheists Phil Paulson and Howard Kreisner with the backing of Society of Separationists, a legal arm of American Atheists.

   Since then, supporters of the Mt. Soledad cross have maintained that the structure had nothing to do with sectarian religion but was merely a "war memorial" to honor veterans. During a Tuesday interview with MSNBC, a spokesperson for the Memorial Association constantly referred to the Christian cross as a war monument, and noted that a public referendum resulted in over 70% approval from voters to keep the cross standing.

   There has also been disagreement over the significance of Justice Kennedy's decision to grant a stay of the lower court order.

   City Attorney Michael Aguirre termed the move a "significant development," especially in light of the high court's previous reluctance to enter the case.

   Charles LiMandri, attorney for the war memorial organization told the San Diego Union-Tribune newspaper, "The way I read it, that is a granting of our application." Association chairman Phil Thalheimer concurred, saying to reporters that the ruling was a defeat for Mr. Paulson and a boost for cross preservationists.

   Paulson, keeping to a long-standing policy, had no comment on the matter, but released a series of "talking points" relevant to the original suit.

    ¶       Every annual publication of the Thomas Brothers Map from 1954 to 1989 presented a geographic legal description of the location as the "Mt. Soledad Easter Cross" after which year (cross case was filed on May 31, 1989) the name of the legal location on the map was changed to the "Mt. Soledad Memorial."

    ¶       There was no placard or marker to be found anywhere on Mt. Soledad Natural Park nor at the site of the Mt. Soledad Easter Cross to indicate that it was a veterans' memorial until after 1992, when the Mt. Soledad Memorial Association installed such a marker with a "Veterans" memorial inscription.

    ¶       Every Easter holiday sunrise since 1954 was an occasion at Mt. Soledad for local Christian worship services to celebrate the crucifixion of their concept of a deity and messiah Jesus Christ.

    ¶       The Mt. Soledad Cross was dedicated to "Our Lord and Savior Jesus Christ" in a dedication bulletin by the grandmother of William J. Kellogg, President of the Mt. Soledad memorial Association on Easter Sunday, 1954.

    ¶       The Mt. Soledad Memorial Association made improvements to the property within Mt. Soledad Natural Park. All improvements were unwisely added while litigation proceedings were taking place. "Six concentric walls hold 3,200 black granite plaques purchased by donors and engraved with the names and photos of war veterans -- currently more than 1,700 are in place."

    ¶       The Mt. Soledad Memorial Association claims that the site for the Veterans' Memorial on Mt. Soledad Natural Park was dedicated on Easter holiday to commemorate and memorialize those who died during the Korean War era, but the cross clearly shows preference and discrimination only for Christian veterans. The Mt. Soledad Easter Cross is not a sacred symbol for non-Christian veterans, and it may be cogently argued that the presence of the Mt. Soledad Easter Cross demeans them with second-class citizenship status in their own country. The symbol arrogantly proclaims that "Jesus Rules San Diego."

   The order by Justice Kennedy leaves the case in tact. James McElroy, attorney for Mr. Paulson characterized the Supreme Court order as a "hold-in-place" measure.

   "Its practical effect is not much," McElroy told reporters. "It's like he's saying, 'We've got your legal briefs, you will be hearing from us."

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