Also, the Association notes that the Peace Cross has been used as “the centerpiece for annual Town-sponsored events that include Christian prayer.” Moreover, the Association contends that the Peace Cross has coerced financial support from the Commission, including using $117,000 of taxpayer money for upkeep and renovation as well as earmarking an additional $100,000 for future renovations.
A government entity in Maryland maintains a 40-foot Latin cross in the median of a major intersection. Claiming that the American Legion exaggerates the number of war memorials that will be affected by a ruling in favor of the Association, JWV asserts that the risk of destroying war memorials whose existence is perceived by some groups as hurtful is outweighed by the strong societal interest in ensuring that war memorials are inclusive to and affirming of all veterans.The Commission additionally maintains that, although history and tradition are not dispositive, displays with considerable longevity and a lack of controversy pose no “meaningful threat of religious establishment.” The Commission claims that crosses have not only been used to commemorate sacrifice and military valor for over 200 years, but after World War I, “the cross became the central symbol of wartime sacrifice and loss.” Furthermore, the Commission states that Congress has tried to preserve cross monuments by classifying them as national monuments. Id.
Instead, the Association asserts, the Establishment Clause is meant to stop the government from conveying that it favors a particular religion. The government claims the cross is a secular monument. VIDED. The Association also contends that, although there are other monuments around the Peace Cross, the Peace Cross was built in isolation and stood in isolation for much of its existence, and that it is clearly the most prominent monument. Further, the Association argues that simply because the Latin cross is common does not mean that it is not secular. Dec 04 2018: Blanket Consent filed by The American Legion, et al. The Association also maintains that a coercion-only standard itself would render the Establishment Clause redundant because practices that coerce individuals to participate in any religion also violate their Free Exercise Clause rights.
Additionally, the Association contends that the Peace Cross’s permanence and prominence and the Commission’s use of funds to restore it add to its effect of endorsing Christianity. The Court emphasized that the cross, while a Christian symbol, had acquired other meanings through the years. First, the Commission contends that if the purpose and objective of a government display are secular when considering the display’s full context—not just the display’s religious context—the display does not violate the Clause. In The American Legion v American Humanist Association, 588 U. S. ____ (2019), the U.S. Supreme Court held that the Bladensburg Cross does not violate the Establishment Clause of the First Amendment.While seven justices agreed with the Court’s judgment, only four joined the lead opinion, with many justices diverging on the continued relevance of the test set forth in Lemon v. As such, the Association asserts that using the Latin cross not only fails to honor non-Christian veterans but also signals that their sacrifices are less important.The Commission asserts that there are two independently sufficient grounds for finding passive governmental displays of religious constitutional under Establishment Clause.
The 4th U.S. Residents of Prince George’s County, Maryland, had the cross erected to commemorate the 49 soldiers from their communities who died during World War I.
at 202. The erasure of Jewish soldiers’ contributions to the American war effort, JWV contends, is harmful to Jewish and Christian soldiers alike.