resident Bush this past week signed a measure transferring ownership of the 29-foot high Mt. Soledad Christian Cross to the federal government in an effort to preserve the structure as a "war memorial" and de-rail litigation initiated by San Diego Atheist Phil Paulson.

   The move came in response to a U.S. District Court order issued on May 3, 2006 ordering local officials to dismantle the historic structure, or face fines of up to $5,000 per day. A battery of state and federal judges has repeatedly ruled that the cross represents an unconstitutional endorsement of one religion over other. In July, Supreme Court Justice Anthony Kennedy issued a stay of execution on the District Court ruling, giving the lower courts time to hear further arguments in the case.

   On Capitol Hill, Rep. Duncan Hunter (R-CA) introduced the protective legislation which cleared the House of Representatives by a vote of 349-74 back in July. The U.S. Senate promptly took up its version of the measure, passing it by unanimous consent on August 1. Democrats Dianne Feinstein and Barbara Boxer spoke out in defense of the proposal, and California Gov. Arnold Schwarzenegger extolled the effort to retain the alleged "war memorial."

   Supporters of the cross were quick to praise passage of the bill and the subsequent signing by Mr. Bush. Thomas Bock, National Commander of the American Legion -- the veterans' organization which has been fighting to keep the Mt. Soledad cross standing -- called the development "a victory for common sense." He added, "We are a nation established on Judeo-Christian principles, and we are pleased to see the U.S. Congress and the President walking in the 'footsteps of the founders' in recognizing the sanctity of this veterans memorial."

   The American Legion has worked closely with representatives of the Roman Catholic Thomas More Law Center in trying to overturn a ruling by a state Superior Court judge who nullified a special election where 76% of San Diego voters approved the effort to transfer ownership of the cross to the federal government. The judge in that case also granted a request for Paulson's attorneys to recover $275,000 in legal fees. The Legion is also backing a so-called "Public Expression of Religion Act" which would stop legal advocacy groups from receiving compensatory legal costs in cases involving the establishment clause of the First Amendment.

   When queried by reporters, Bock was belligerent over the prospect of more court challenges, promising "We expect more litigation and I assure you that the American Legion will be in the fight." He added, "The religious symbols that mark the graves and honor the sacrifices of our fallen heroes -- a cross, a Star of David, or other identification of faith in God -- are sacred to Americans."

   Indeed, litigation over the unconstitutional religious monument is likely to continue. Mr. Paulson's attorney, Jim McElroy, told reporters that he was filing papers in federal court in San Diego to void the transfer and have it declared unconstitutional.

   "I don't think anybody really thinks the cross is going to remain on Mt. Soledad," he told Associated Press. "It's been 17 years and every court, every judge who's ever looked at it has ruled it's unconstitutional." He added that the President's signing of the bill to transfer ownership of the structure to the federal government "smacks of election-year politics."

   The legal battle over the Mt. Soledad Christian Cross is reverberating on Capitol Hill where efforts are underway to combat legal challenges to unconstitutional government practices involving the First Amendment.

   Conservatives and religious right organization have been supporting a number of "court stripping" measures that would attempt to prevent courts from examining certain practices such as the inclusion of the words "Under God' in the Pledge of Allegiance. Another measure, the Public Expression of Religion Act, would restrict compensatory legal fees even if plaintiffs succeed in removing religious references on public property, taking down Ten Commandments displays, barring Boy Scouts from receiving taxpayer perks (due to their policy of discriminating against gays and Atheists), and similar policies. PERA is now in the U.S. Senate, and has been pretentiously re-dubbed the "Veterans' Memorial, Boy Scouts, Public Seals, and Other Public Expressions of Religion Protection Act of 2006."

   The measure, S. 3696 was introduced by Sen. Sam Brownback (R-Kansas). Presently in the Judiciary Committee, the bill is expected to see floor action when Congress returns from the August recess.

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