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Supreme Court Allows 40-Foot Cross Honoring War Dead on State Property Supreme Court Allows 40-Foot Peace Cross Honoring War Dead on State Property
(30 minutes later)
WASHINGTON — The Supreme Court ruled on Thursday that a 40-foot cross honoring soldiers who died in World War I could remain on state property in suburban Maryland. The cross, justices said, did not violate the First Amendment’s ban on government establishment of religion.WASHINGTON — The Supreme Court ruled on Thursday that a 40-foot cross honoring soldiers who died in World War I could remain on state property in suburban Maryland. The cross, justices said, did not violate the First Amendment’s ban on government establishment of religion.
The decision was fractured, and the seven justices in the majority embraced differing rationales. Justices Ruth Bader Ginsburg and Sonia Sotomayor dissented. Justice Ginsburg summarized her dissent from the bench, a sign of profound disagreement.The decision was fractured, and the seven justices in the majority embraced differing rationales. Justices Ruth Bader Ginsburg and Sonia Sotomayor dissented. Justice Ginsburg summarized her dissent from the bench, a sign of profound disagreement.
The monument sits at a busy intersection in Bladensburg, Md., near Washington, and commemorates 49 fallen soldiers from Prince George’s County. It was built in 1925 using contributions from local families and the American Legion. The monument, known as the Peace Cross, sits at a busy intersection in Bladensburg, Md., near Washington, and commemorates 49 fallen soldiers from Prince George’s County. It was built in 1925 using contributions from local families and the American Legion.
At the dedication ceremony, a member of Congress drew on Christian imagery in his keynote speech. “By the token of this cross, symbolic of Calvary,” he said, “let us keep fresh the memory of our boys who died for a righteous cause.”At the dedication ceremony, a member of Congress drew on Christian imagery in his keynote speech. “By the token of this cross, symbolic of Calvary,” he said, “let us keep fresh the memory of our boys who died for a righteous cause.”
The state took over the monument and the land under it in 1961. Since then, Maryland has spent more than $117,000 to maintain and repair the memorial.The state took over the monument and the land under it in 1961. Since then, Maryland has spent more than $117,000 to maintain and repair the memorial.
Several area residents and the American Humanist Association sued to remove the cross in 2014, saying they were offended by what they said was its endorsement of Christianity.Several area residents and the American Humanist Association sued to remove the cross in 2014, saying they were offended by what they said was its endorsement of Christianity.
In 2017, a divided three-judge panel of the United States Court of Appeals for the Fourth Circuit, in Richmond, Va., ruled that the cross sent an unconstitutional message of government approval of a particular religion, breaching the wall between church and state. The full Fourth Circuit declined to rehear the case by an 8-to-6 vote.In 2017, a divided three-judge panel of the United States Court of Appeals for the Fourth Circuit, in Richmond, Va., ruled that the cross sent an unconstitutional message of government approval of a particular religion, breaching the wall between church and state. The full Fourth Circuit declined to rehear the case by an 8-to-6 vote.
The American Legion and other supporters of the cross argued that the logic of the Fourth Circuit’s decision could imperil hundreds of war memorials that use crosses to honor the fallen, including the 24-foot Canadian Cross of Sacrifice and the 13-foot Argonne Cross, both in Arlington National Cemetery in Virginia.The American Legion and other supporters of the cross argued that the logic of the Fourth Circuit’s decision could imperil hundreds of war memorials that use crosses to honor the fallen, including the 24-foot Canadian Cross of Sacrifice and the 13-foot Argonne Cross, both in Arlington National Cemetery in Virginia.
The cases are American Legion v. American Humanist Organization, No. 17-1717, and Maryland-National Capital Park and Planning Commission v. American Humanist Association, No. 18-18.The cases are American Legion v. American Humanist Organization, No. 17-1717, and Maryland-National Capital Park and Planning Commission v. American Humanist Association, No. 18-18.