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Federal Judge Says Cross Can Stay

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Jul 30, 2008 5:03 pm US/Pacific

Federal Judge Says Cross Can Stay

SAN DIEGO (AP) ― A federal judge says the landmark 43-foot cross atop San Diego's Mount Soledad can stay.

U.S. District Judge Larry Alan Burns says in an order Tuesday that the cross in La Jolla "communicates the primarily non-religious messages of military service, death and sacrifice" and is constitutional.

The American Civil Liberties Union has battled to get the cross removed saying its display on public land is unconstitutional.

The judge says the cross is more a secular memorial to war veterans than a statement promoting religion.

The ACLU's David Blair-Loy says the group may appeal.

(© 2009 The Associated Press. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed.)

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