SAN DIEGO -- The presence of the cross atop Mount Soledad does not violate the U.S. Constitution and can remain, a federal judge ruled Tuesday.

U.S. District Judge Larry Alan Burns found that the memorial has secular value because it pays tribute to veterans and is historically significant to San Diego.

"As a result, the specter of government endorsement of religion or favoring a religion is not apparent, let alone obvious and primary," Burns' 36-page ruling stated.

"The court finds the memorial at Mt. Soledad, including its Latin cross, communicates the primary non-religious messages of military service, death and sacrifice," he wrote. "As such, despite its location on public land, the memorial is constitutional."

Steve Trunk and the late Philip Paulson sued after the federal government acquired the cross and the surrounding land from the city in 2006 with the purpose of establishing a national war memorial.

The lawsuit sought the removal of the cross from the memorial. The plaintiffs, both atheists, argued the presence of the cross on public land violated the Constitution.

Rep. Brian Bilbray, R-Carlsbad, praised the decision.

"Today's ruling validates the constitutionality of the Mt. Soledad Veterans Memorial and sends a crystal clear message that this memorial is here to stay," the congressman said. "It's been an important part of San Diego's history, and will remain an important part of our future."