That the cross originated as a Christian symbol and retains that meaning in many contexts does not change the fact that the symbol took on an added secular meaning when used in World War I memorials. And this, the Association suggests, is enough to allow it to insist on a federal judicial decree ordering the memorial’s removal. Blanket Consent filed by Respondents, American Humanist Association, et al.. Dec 03 2018: Blanket Consent filed by Maryland-National Capital Park and Planning Commission. Kagan, J., filed an opinion concurring in part. 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. 48–49.
The creators opted for the cross shape to mirror the gravemarkers that were left in the war theaters to commemorate the dead buried there. 1. Today, the Court explains that the plaintiffs are not entitled to demand the destruction of longstanding monuments, and I find much of its opinion compelling. The AHA is not offended by the sight of the Argonne Cross or the Canadian Cross of Sacrifice, both Latin crosses commemorating World War I that rest on public grounds in Arlington National Cemetery. Syllabus . For others, it is a place for the community to gather and honor all veterans and their sacrifices for our Nation. Therefore, the Cross is clearly constitutional.Alito, J., announced the judgment of the Court and delivered the opinion of the Court with respect to Parts I, II–B, II–C, III, and IV, in which Roberts, C. J., and Breyer, Kagan, and Kavanaugh, JJ., joined, and an opinion with respect to Parts II–A and II–D, in which Roberts, C. J., and Breyer and Kavanaugh, JJ., joined. But it would be something else entirely if the State undertook to change all those names. 52.For example, few would say that the State of California is attempting to convey a religious message by retaining the names given to many of the State’s cities by their original Spanish settlers—San Diego, Los Angeles, Santa Barbara, San Jose, San Francisco, etc.
The Cross now stands among memorials to veterans of later wars. The memorial represents what the relatives, friends, and neighbors of the fallen soldiers felt at the time and how they chose to express their sentiments. Pp. 1–11.Justice Thomas, agreeing that the Bladensburg Cross is constitutional, concluded:Even the AHA recognizes that there are instances in which a war memorial in the form of a cross is unobjectionable.
Eighty-nine years after the dedication of the Cross, respondents filed this lawsuit, claiming that they are offended by the sight of the memorial on public land and that its presence there and the expenditure of public funds to maintain it violate the Establishment Clause of the First Amendment.
2 AMERICAN LEGION v. AMERICAN HUMANIST ASSN. P. 31.certiorari to the united states court of appeals for the fourth circuitMARYLAND-NATIONAL CAPITAL PARK AND PLANNING COMMISSION, PETITIONERSince 1925, the Bladensburg Peace Cross (Cross) has stood as a tribute to 49 area soldiers who gave their lives in the First World War.
App. ; andSUPREME COURT OF THE UNITED STATESJustice Gorsuch, with whom Justice Thomas joins, concurring in the judgment.AMERICAN HUMANIST ASSOCIATION, et al.As we have explained, the Bladensburg Cross carries special significance in commemorating World War I.
Maybe, the Association concedes, others who are less offended lack standing to sue. See Brief for Petitioner, The American Legion at 18–23.
Gorsuch, J., filed an opinion concurring in the judgment, in which Thomas, J., joined. Contacting Justia or any attorney through this site, via web form, email, or otherwise, does not create an attorney-client relationship.“We, the citizens of Maryland, trusting in God, the Supreme Ruler of the Universe, Pledge Faith in our Brothers who gave their all in the World War to make [the] World Safe for Democracy. June 20, 2019: U.S. Supreme Court reversedThe action of an appellate court overturning a lower court's decision.
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