US District Judge Larry Burns' decision is expected to be appealed, however, which will put the matter before the US Supreme Court for a final review.

The latest controversy began back in 2006, when the ACLU began a lawsuit arguing that the cross was a "violation of the Establishment Clause because it only represented Christianity in memorializing US war veterans."

Prior to 2006, other groups had challenged the memorial's constitutionality.

The Christian Post report said the American Center for Law and Justice (ACLJ) would be filing an amicus brief in an appeal of the ruling.

Speaking for the ACLJ, Jay Sekulow noted, "The federal court decision declaring the memorial unconstitutional and ordering its removal does not square with the facts. This memorial is part of the historic landscape of San Diego and is consistent with the Establishment Clause of the First Amendment."

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