INTERVIEW - Kelly Shackelford, President, CEO, and Chief Counsel to First Liberty
Supreme Court says Maryland ‘Peace Cross’ honoring military dead does not constitute government endorsement of religion. (Washington Post) -- A 40-foot cross erected as a tribute to World War I dead may continue to stand on public land in Maryland, the Supreme Court ruled Thursday, rejecting arguments that it represented an unconstitutional endorsement of religion. The vote was 7 to 2 for the Bladensburg Peace Cross, which towers over a busy intersection on a highway just outside the District, in Prince George’s County. But the case’s resolution prompted an outpouring of individual opinions as the court struggled to explain what should be done with displays on government property that feature religious imagery. Justice Samuel A. Alito Jr. wrote the main opinion and said history and tradition must be taken into account when judging modern objections to monuments that were built with a secular purpose or have come to take on a new meaning. “The cross is undoubtedly a Christian symbol, but that fact should not blind us to everything else that the Bladensburg Cross has come to represent,” Alito wrote. “For some, that monument is a symbolic resting place for ancestors who never returned home. For others, it is a place for the community to gather and honor all veterans and their sacrifices for our Nation. For others still, it is a historical landmark. “For many of these people, destroying or defacing the Cross that has stood undisturbed for nearly a century would not be neutral and would not further the ideals of respect and tolerance embodied in the First Amendment.” Alito was joined in deciding that the cross may remain by Chief Justice John G. Roberts Jr. and Justices Clarence Thomas, Stephen G. Breyer, Elena Kagan, Neil M. Gorsuch and Brett M. Kavanaugh. Alito wrote that “retaining established, religiously expressive monuments, symbols, and practices is quite different from erecting or adopting new ones. The passage of time gives rise to a strong presumption of constitutionality.”
U.S. Supreme Court: WAR ON VETERANS MEMORIALS IS OVER: High Court ends efforts by activists to cleanse public of displays of faith, including Maryland “Peace Cross” / WASHINGTON, D.C.—Today, in a 7-2 decision, the Justices of the Supreme Court of the United States preserved the nearly 100-year old Bladensburg WWI Veterans Memorial, along with memorials like it bearing religious symbols across the country. Most importantly, in The American Legion v. American Humanist Association, the Justices reaffirmed that the First Amendment allows people to use religious symbols and images in public. First Liberty Institute and the international law firm Jones Day represent The American Legion. “This is a landmark victory for religious freedom. The days of illegitimately weaponizing the Establishment Clause and attacking religious symbols in public are over,” said Kelly Shackelford, President, CEO, and Chief Counsel to First Liberty. “Our Founders would have been appalled at this attempt to make the government hostile to our religious heritage, history, and symbols. The attempted perversion of our Constitution is now over, and every American now has more freedom than they have had in decades, with a government no longer hostile to people or expressions of faith.”