hundred feet from the present location of the cross, has agreed to place it on its property. The government may hold an auction and sell the parcel of the land with the cross to the highest bidder. However, the government is not allowed to give any preference to those buyers who are interested in preserving the cross. An auction such as this was the subject of Proposition K in 2004, which failed 40% to 59%. Some defenders of the cross see all these options as unacceptable and are determined to find a way to leave the cross intact in its present location. Litigation Background No Preference Clause Article 1, Section 4 of the California State Constitution: subtitled "Liberty of Conscience." California state, municipal and special units of government are instructed by this "No Preference Clause" from discriminating or preferring one religion over another. "Free exercise and enjoyment of religion without discrimination or preference are guaranteed. This liberty of conscience does not excuse acts that are licentious or inconsistent with the peace or safety of the State. The Legislature shall make no law respecting an establishment of religion. A person is not incompetent to be a witness or juror because of his or her opinions on religious beliefs." Government prohibition from benefiting religion Article XVI, section 5 of the California State Constitution: State, County and local units of government can not use tax money or grant property to aid of any religious sect, church, creed, or sectarian purpose. "Neither the Legislature, nor any county, city and county, township, school district, or other municipal corporation, shall ever make an appropriation, or pay from any public fund whatever, or grant anything to or in aid of any religious sect, church, creed, or sectarian purpose, or help to support or sustain any school, college, university, hospital, or other institution controlled by any religious creed, church, or sectarian denomination whatever; nor shall any grant or donation of personal property or real estate ever be made by the State, or any city, city and county, town, or other municipal corporation for any religious creed, church, or sectarian purpose whatever; provided, that nothing in this section shall prevent the Legislature granting aid pursuant to Section 3 of Article XVI."' First attempted sale to Mount Soledad Memorial Association The City of San Diego was the target of a lawsuit on May 31, 1989 charging that the presence of