Defending the family

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Public Advocate Delivers Promised Legal Brief To Defend Mt. Soledad Cross

"Our tremendous legal team has marched forth and filed the first of Public Advocate's arguements in defense of religious liberty in defense of the Mount Soledad Cross," said Eugene Delgaudio, president of Public Advocate.

PA lawyers Bill Olson, Herb Titus, John Miles and others on the PA team argue that that Supreme Court ruled in the Town of Greece case in an opposite reasoning to the 9th circuit previous ruling and as a consequence the 9th circuit should reverse itself and correct its faulty previous reasoning.

The opening pleading argues, in part,

"The Mt. Soledad Memorial Cross stands, both historically and contemporaneously, as a war
memorial celebrating and commending those Americans who have given their lives in service to the nation, a function well within the jurisdiction of the civil government and, therefore, consistent with the Establishment Clause principles enunciated in Town of Greece."

The brief is 24 pages and concludes:

For the foregoing reasons, en banc review should be granted, the decision
of the court below should be reversed, and the order to remove the Mr. Soledad
Memorial Cross be stricken."

copy of brief here

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