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I initially missed this when it was announced:
Reprieve for cross extendedIt's a temporary reprieve, but it's a reprieve none the less.U.S. Supreme Court Justice Anthony M. Kennedy extended his temporary stay protecting the Mount Soledad cross yesterday until state and federal courts can hear appeals this fall by the city of San Diego to preserve the landmark.
In blocking a federal judge's order that the city remove the cross by Aug. 1 or face a $5,000 daily fine, Kennedy indicated that the full court would review the case if it were to come before the court.
Kennedy said the court, which refused three years ago to get involved in the dispute, may consider it because of two new factors favorable to cross proponents.
He cited legislation to designate the city-owned land a national veterans memorial and a ballot initiative in which San Diegans overwhelmingly voted to transfer the land to the federal government.
Kennedy's move is a big boost for cross supporters and the city in their efforts to preserve the La Jolla landmark, which is part of a veterans memorial.
The cross was ordered removed in 1991 by U.S. District Court Judge Gordon Thompson Jr. in San Diego federal court. Thompson said the cross was a religious symbol whose presence violated the state Constitution's ban on a government showing a preference for religion.
Mayor Jerry Sanders welcomed Kennedy's opinion at a news conference, recalling his oft-stated promise to do everything possible to retain the cross.
“Today is validation that this was the right course of action,” he said.
What I find most interesting considering that it was a U.S. Supreme Court Justice that noted it was that the Court noted that the ballot initiative that was passed overwhelmingly in favor of saving the cross and leaving it where it is - passed by the voters of San Diego.
To me, this is noteable because it would seem that someone finally - finally - took notice of the people's choice in the matter.
Will it stay? I don't know, but the arguments for keeping it will hopefully be heard in the Supreme Court.
We'll all have to wait and see.
(Thanks to Citizen Smash for the clue alert.)
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