A federal judge in San Diego said the 43 ft. cross on top of California's Mount Soledad War Memorial violates the separation of church and state and must come down.
The U.S. 9th Circuit Court of Appeals ruled in 2011 that the cross, which honors veterans, is unconstitutional. The Supreme Court later decided not to take the case.
U.S. District Judge Larry Burns ordered that the cross be removed within 90 days. Burns also said the order to take down the cross would be put on hold if there is an appeal to his ruling.
"This latest decision in the long and winding legal road concerning the constitutionality of the Mt. Soledad Veterans Memorial is deeply flawed," Jay Sekulow, chief counsel with the American Center for Law and Justice, said.
"This memorial is part of the historic landscape of San Diego and is consistent with the Establishment Clause of the First Amendment," Sekulow said.
The ACLJ plans to file an amicus brief in case of an expected appeal to keep the memorial in place.