After more searching than I had hoped I found a solution, maybe not "the" solution but one that works in this case.

In my skin.css file I added this line:
form > div:first-child { display: none; }

What appears to be happening is that for XHTML Compliance ASP.NET 2.0 adds a DIV tag around the hidden form field elements for some browsers. This DIV was covering up the menu. The reason for the long code to hide it is that there is no ID or Clas specified for the DIV.

How the fix works: form > div:first-child { display: none; } = the form tag > div tag:the first one in the form { hide }

At this point I don't see any reason you couldn't include this in all of your skins, may want/need to include a "default div" set to hide no matter what just to make sure you don't hide the wrong one.

Hope this helps someone!