Appeal Filed to Stop Removal of Memorial Cross

Korean War memorial on public land in Southern California


The lawyers for supporters of the Mount Soledad cross in La Jolla filed a notice Wednesday that they will appeal last week's federal court ruling that supported the removal of the religious symbol.

U.S. District Judge Larry Burns ordered the cross to be removed within 90 days, but stayed the order until all possible appeals have been exhausted.

The judge said a 2011 ruling by the 9th Circuit Court of Appeals that says the 43-foot-tall memorial violates the First Amendment stands, following a decision by the U.S. Supreme Court to not intervene in the long-running case.

While the 9th Circuit justices didn't specifically order the cross to be removed, it was clear that removal was the only remedy they would accept, according to Burns -- who noted his disagreement with the appellate decision.