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U.S. Supreme Court Refuses to Hear San Francisco's Appeal in Mt. Davidson Cross Case


For Immediate Release: March 17, 1997

Today (Monday, March 17, 1997) the United States Supreme Court let stand the Ninth Circuit Court of Appeals ruling that the City's ownership and maintenance of the cross on Mt. Davidson is unconstitutional. The high court refused to hear the city's appeal in the case of Carpenter v. San Francisco, a lawsuit brought by several religious leaders and taxpayers represented by the American Civil Liberties Union of Northern California, the American Jewish Congress and Americans United for the Separation of Church and State, arguing that the city must divest itself of the towering religious symbol on public land.

"The Court's order is a victory for religious freedom," said ACLU-NC staff attorney Margaret Crosby. "The Court has once again told government that it has no business promoting the symbols of favored religions. In San Francisco, this means that children and adults of all faiths will be able to enjoy Mt. Davidson park without feeling like second class citizens.

"The religious leaders who brought this case--a Baptist pastor, a rabbi, a Unitarian minister and a Buddhist priest--understand that the separation of church and state strengthens religion, by promoting tolerance and ensuring that faith is a matter of individual conscience. This country was founded on these principles, which are particularly compelling in a pluralistic city like San Francisco," Crosby added.

In accordance with the Court ruling, the City must decide how to divest itself of the religious symbol. "The Supreme Court's decision conclusively demonstrates that the city's ownership and maintenance of the cross is unconstitutional," said Fred Blum, counsel for the American Jewish Congress. "As a faith based organization we are particularly sensitive to religious symbols. We have never suggested that the only response to this lawsuit is for the City to remove the cross.

"There are many options open to the City which will not diminish religious liberty," added Blum. "And it is the City's responsibility to determine how to resolve this problem."




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