Oddly enough, the court actually listened to “the people”!
Transfer of Mt. Soledad land to feds to save war memorial constitutional, says CA Court of Appeal
SAN DIEGO — A California appeals court today reversed a lower court decision that had determined that the transfer of the Mt. Soledad National War Memorial to the federal government was unconstitutional.
“The people spoke on this issue, and now the court has upheld their right to preserve the Mt. Soledad National War Memorial, which honors those who sacrificed themselves for our freedom,” said Alliance Defense Fund Litigation Counsel Tim Chandler. “Removal of the cross at Mt. Soledad would have no purpose other than to create heartache for the veterans’ families and comrades who cherish their memory. We, like them, are pleased with the court’s ruling.”
Those who obsess with the idea of “separation of church and state” really need to step back, and actually READ the First Amendment. No where in the Constitution is that phrase EVER used.
In 2005, 76 percent of San Diegans voted to preserve the Mount Soledad Memorial by transferring it from city property to the ownership of the National Park Service. The transfer was held up in litigation, but Congress passed and President Bush signed legislation to enact the transfer.
For those who believe this is a democracy so the majority rules, and I’d say that 76% is a MAJORITY. 
For more, go to Stop the ACLU.
