Federal Court rules cross unconstitutional

Here we go again.

The radically liberal 9th Circuit Federal Court of Appeals has overturned a lower court and found that a San Diego war memorial, shaped in the form of a cross, is unconstitutional, simply because it is on public land...which would constitute a government endorsement of religion.

Really?  Just curious, but does anyone really believe our government "endorses" religion?  How could a government that sanctions the killing of a million or so unborn babies every year be said to "endorse" religion?

From the story:

Capping a legal dispute brewing since the late 1980s, the 9th U.S. Circuit Court of Appeals reversed a lower-court decision that threw out a legal challenge to the hilltop cross brought on behalf of Jewish war veterans.

The three-judge panel concluded in its 47-page opinion that the U.S. "district court erred in declaring the memorial to be primarily nonsectarian and granting summary judgment in favor of the government and the memorial's supporters." ...

The appeals court, recognizing volatile feelings generated on both sides by the case, wrote that America's war veterans can and should be honored, "but without the imprimatur of state-endorsed religion."

In its 3-0 decision, the court stopped short of ordering removal of the cross and left open the possibility that the memorial could be redesigned to incorporate a cross in a way that would "pass constitutional muster." ...

"Redesigned"???  Based on their logic that a cross on public land constitutes a state endorsement of religion, just how does one go about redesigning a cross in a way that wouldn't be an "endorsement"?

Also...

There was no immediate word on whether the Obama administration would petition the U.S. Supreme Court to review the appeals court ruling. ...

Don't hold your breath.  But fortunately, the high court might end up with the case anyway, and they seem favorably disposed...

Last year, the U.S. Supreme Court overruled another federal judge who had ordered the removal of a large cross intended to serve as a desert war memorial in the middle of the U.S.-owned Mojave National Preserve.

Exit question: How long before the ACLU brings some case by an "aggrieved" liberal suggesting that all of those headstones shaped like crosses in Arlington National Cemetery or at Omaha Beach are unconstitutional?

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