Another Judge Kicks The Voters in the Butt

It's getting to the point in California where elections simply don't matter much anymore. No matter what you vote for, and no matter what the winning margin, all it takes is one judge to overrule millions of Californians. We've seen this on numerous Statewide propositions, and it's happened again in San Diego.

In July the city held a special election to decide what to do with the Mt. Soledad cross. One atheist had objected to the cross, so of course the entire city had to bow down to that one guy's wishes and remove the cross. There was, however, another option. If 2/3rds of the city's voters approved, the cross could be transferred over to the Federal government as a war memorial (which is in fact what it is). 76% of the voters approved that measure.

Yesterday a judge threw out the special election (h/t Time Hath Found Us):

A Superior Court judge has ruled that a proposed transfer of the Mount Soledad Cross to the federal government is unconstitutional.

Judge Patricia Cowett found Friday that maintenance of the cross is an "unconstitutional preference of religion."

Cowett also said transferring ownership of the 43-foot cross and surrounding property to the federal government is an "unconstitutional aid to religion."

"The court hereby finds the ordinance placing Proposition A on the ballot and Proposition A unconstitutional, and therefore invalid and unenforceable. Maintenance of this Latin Cross as it is on the property in question, is found to be an unconstitutional preference of religion in violation of Artical I, Section 4, of the California Constitution, and the transfer of the memorial with the cross as its centerpiece to the federal government to save the cross as it is, where it is, is an unconstitutional aid to religion in violation of Artical XVI, Section 5, of the California Constitution."

The measure was approved by San Diego voters during a July special election.

The city has been embroiled in a 15-year legal battle over whether the cross' presence atop city-owned parkland violates the separation of church and state.

The city has attempted twice to sell the property to the Mount Soledad Association, but federal courts have overturned the sales because they said the transactions favored a buyer who would preserve the cross.

This definately isn't over. I would expect a vigorous appeal.

This is another good example why conservatives want to see demonstrably conservative judges appointed to the courts, and why so many are upset with the Harriet Miers nomination. She may be very conservative, but without the paper trail to back it up, conservatives have a right to be wary.