Trunk

ORDER DENYING PLAINTIFFS’ MOTION FOR SUMMARY JUDGMENT; AND ORDER GRANTING DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT

I. Introduction

For 54 years, a Latin cross has stood as part of a veterans’ memorial atop Mt. Sole-dad in the San Diego community of La Jolla. In 2006, Congress acquired the site by eminent domain from the City of San Diego, ostensibly to ensure its preservation. The Jewish War Veterans of the United States of America, Inc. (“Jewish Veterans” or “JV”) and four individual plaintiffs brought suit against the United States, challenging Congress’ taking of the Mt. Soledad site and the presence of the cross on federal property as violations of the Establishment Clause of the First Amendment. In an earlier ruling, this Court dismissed the challenge to the land transfer for lack of standing — a decision that is now final. Trunk v. City of San Diego, 547 F.Supp.2d 1144 (S.D.Cal.2007), appeal dismissed, — F.3d—(9th Cir., June 11, 2008) (table). Left to decide is whether permitting the cross to remain as part of the veterans’ memorial amounts to an unconstitutional establishment of religion. Plaintiffs bear the burden of demonstrating the presence of the cross is…