Supreme Court seems to seek narrow way to uphold cross that memorializes war dead
Courts & Law
Supreme Court seems to seek narrow way to uphold cross that memorializes war dead
By Robert Barnes
Reporter covering the U.S. Supreme Court
February 27 at 12:40 PM
A majority of the Supreme Court on Wednesday seemed to be searching for a way a narrow way, most likely to allow a historic cross commemorating World War I dead to remain where it has stood for nearly 100 years.
Two of the courts four liberals suggested the unique history of the Peace Cross in the Washington suburb of Bladensburg, Md., may provide a way to accommodate its position on public land in a highway median. ... But more than an hour of oral arguments showed the difficulty the court faces when it must decide whether governments involvement with a religious symbol has an allowable sectarian purpose or is an unconstitutional embrace of religion.
The Bladensburg Peace Cross, made of granite and cement, was built in 1925 and paid for by local families, businesses and the American Legion. But the 40-foot cross sits on land owned since 1961 by a state commission that pays for its maintenance and upkeep. ... The legal challenge began with the American Humanist Association, a nonprofit atheist organization that has filed similar lawsuits throughout the country.
For decades, the Supreme Court whose marshal opens proceedings with a plea that God save the United States and this honorable court has struggled to come up with a clear test on which actions or displays violate the Constitutions prohibition against government establishment of religion.
....
The combined cases are
The American Legion v. American Humanist Association and
Maryland-National Capital Park and Planning Commission v. American Humanist Association.
Robert Barnes has been a Washington Post reporter and editor since 1987. He joined The Post to cover Maryland politics, and he has served in various editing positions, including metropolitan editor and national political editor. He has covered the Supreme Court since November 2006. Follow
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