9th Circuit won't rehear Calif. park cross case

By the Associated Press | October 20, 2011 | 2:30 PM EDT

SAN DIEGO (AP) — A full panel of federal judges has declined to rehear the case of a war memorial cross in a public park in San Diego that has been deemed unconstitutional by the court.

A group fighting to preserve the monument announced Monday that the 11-judge panel of the 9th U.S. Circuit Court of Appeals denied its request. Five of the judges dissented, stating the cross should stay.

A three-judge panel in January ruled that the cross conveys a message of religion and is unconstitutional.

Kelly Shackelford says her organization will appeal to the Supreme Court. Shackelford is an attorney for the Mount Soledad Memorial Association, which oversees the monument.

The 29-foot (9-meter) cross in the San Diego suburb of La Jolla was dedicated in 1954 in honor of Korean War veterans.