The Supreme Court won't get involved in a fight over whether a 29-foot war memorial cross can remain on public land overlooking the Pacific Ocean in San Diego, with justices refusing Monday to review an appeals court ruling that deemed the Mount Soledad cross an unconstitutional mixing of government and religion.
The decision came despite the fact that the court plunged into the dispute over the use of religious symbols to honor fallen troops two times recently. The court has recently signaled a greater willingness to allow religious symbols on public land.
The current cross sits on a 14-foot base, surrounded by walls that display more than 2,100 plaques commemorating individual veterans and veterans groups.
Last year's ruling by the 9th Circuit U.S. Court of Appeals that deemed the cross unconstitutional capped two decades of legal challenges over the 1950s cross that became a memorial to Korean War veterans.