Supreme Court rules cross at state-run WWI memorial can remain

Source: The Hill | June 20, 2019 | Jacqueline Thomsen

The Supreme Court ruled Thursday that a large cross in Maryland known as the “Peace Cross” is not in violation of the Constitution’s Establishment Clause and can remain in place.

The American Legion had built 40-foot tall cross in a memorial park for World War I veterans in Maryland, and a state commission later took over responsibility for the park, including caring for the cross.

But non-Christian residents argued that the government’s care of the cross is in violation of the Constitution’s separation of church and state.

The justices were split in their rulings, with Justices Samuel Alito, Stephen Breyer, Elena Kagan and Brett Kavanaugh, along with Chief Justice John Roberts, signing on to one majority opinion, and Justices Alito, Roberts, Breyer and Kavanaugh signing on to another in respect to another aspect of the case.

Justices Neil Gorsuch and Clarence Thomas signed onto a concurring opinion.

Justices Ruth Bader Ginsburg and Sonia Sotomayor dissented.

In the majority opinion, Alito wrote that the cross “must be viewed in that historical context” of white crosses used to memorialize the overseas graves of American soldiers who died in the war.

“The Religion Clauses of the Constitution aim to foster a society in which people of all beliefs can live together harmoniously, and the presence of the Bladensburg Cross on the land where it has stood for so many years is fully consistent with that aim,” the opinion states.

And he wrote that, due to the “passage of time,” the court cannot determine whether the motivation behind constructing the cross was truly religious, “and attempting to uncover their motivations invites rampant speculation. 

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  • Consistent June 20, 2019 at 11:42 am #30160

    EVERYDAY June 20, 2019 at 1:03 pm #30163

    Well, I’m glad SCOTUS finally stood up to those who would remove every historic or religious symbol (except of course, any Muslim symbol). I just wish the court wasn’t so tepid as to whether the cross is a religious symbol. A much better ruling would have essentially said. it’s a Christian symbol, and if you don’t like it, too bad.

    But I’ll take any ruling that puts these malcontents in their place.

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