Supreme Court to decide if War Memorial Cross violates First Amendment News
© WikiMedia (Ben Jacobson (Kranar Drogin))
Supreme Court to decide if War Memorial Cross violates First Amendment

The US Supreme Court agreed Friday to review a decision of the US Court of Appeals for the Fourth Circuit on a 93-year-old World War I Memorial that has been the subject of a separation-of-church-and-state controversy since 2012.

The “Peace Cross” is a 40-foot-tall Latin Cross built in 1925 in Bladensburg, Maryland, to honor 49 men from Prince George’s county who died in World War I. The cross was originally commissioned by the American Legion but was acquired along with the land on which it sits by the Maryland-National Capital Park and Planning Commission in 1961 and is now maintained by the state of Maryland.

The original 2012 case argued that the use of religious imagery in a monument maintained by a local government violates the Establishment Clause of the First Amendment, which says “Congress shall make no law respecting an Establishment of Religion.” This formally prohibits the establishment of a national religion, but it has historically prevented expressions of religion involving governments within the US, including displays of religious imagery in public schools and government buildings.

The US District Court for the District of Maryland found that the “Peace Cross” did not violate the Establishment Clause because it was being used for the secular purpose of honoring fallen soldiers, but a three-judge-panel of the Fourth Circuit reversed on appeal. The Fourth Circuit stated: “The monument here has the primary effect of endorsing religion and excessively entangles the government in religion. The Latin cross is the core symbol of Christianity.” The court went on to review the various aspects of Christianity involved in the fundraising and construction of the Memorial as well as the history of the Latin Cross as a symbol of Christianity. Ultimately, the Fourth Circuit found that as it rests on government property, and, as a significant amount of government funds are required to maintain it, it does violate the Establishment Clause.

The Fourth Circuit did not come to a consensus on a remedy for the memorial though one judge suggested it could be converted into an obelisk. The full Fourth Circuit declined 8-6 to rehear the case, which led to the current appeal. The Supreme Court agreed to review the case on Friday after several weeks of considering appeals submitted by both The American Legion and the Maryland-National Capital Park and Planning Commission. The Supreme Court’s decision may come to impact both public schools and religious displays on public property depending on the scope of its ruling.