On Sun, 04 Sep 2005 00:50:37 -0700, johac <jhachm@ixpres.com> wrote:

In article <Xns96C64E0A42B3F255229@130.133.1.4>,
Enkidu the Atheist <jdwnx4702@sneakemail.com> wrote:

Constitutionality of initiative passed by voters questioned
By Jennifer Vigil and Karen Kucher
UNION-TRIBUNE STAFF WRITERS
September 3, 2005

A Superior Court judge issued a temporary restraining order yesterday
barring the city from transferring the Mount Soledad cross to the federal
government under the deal voters overwhelmingly approved in San Diego's
July special election.

Judge Patricia Yim Cowett's tentative, 34-page ruling in the case
questioned the constitutionality of Proposition A. The measure called for
the city to hand over the cross to the federal government as part of a
national veterans memorial.

She told the lawyers to return to court Oct. 3 to present their arguments
regarding her opinion, which was filled with citations of case law and
explanations of the cross' history.

Cowett ruled that the "transfer is again an unconstitutional preference
of the Christian religion to the exclusion of other religions and non-
religious beliefs," in violation of the state constitution.

In addition, she stated that the city's attempt to hand over the land to
the federal government without compensation "for the purpose of saving
the cross is also an unconstitutional aid to the Christian religion."

[The article continues at http://tinyurl.com/7gzrm ]

How long is this nonsense going to go on? The city has been told time
and time again that the cross has got to go, but just when you think
that the issue is solved, it springs back to life again like the monster
in one of those old horror flicks.

Can't someone just sneak in at night and knock the fucker over and haul it
away?

erikc

Erikc (alt.atheist #002) | "An Fhirinne in aghaidh an tSaoil."
BAAWA Knight (retired) | "The Truth against the World."