Supreme Court Finds Cross is Monument to History, not Religious Endorsement

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In a previous post, we covered a case pending before the U.S. Supreme Court involving a cross on government property intended to honor those killed during World War I. In Maryland-National Capital Park and Planning Commission v. American Humanist Association, the cross -- originally maintained by a local American Legion -- has been maintained by the state of Maryland since the 1960s.

Prior to reaching the Supreme Court, the lower courts determined the memorial was not an endorsement of religion. The U.S. Court of Appeals, on appeal, found the cross/memorial "has the primary effect of endorsing religion and excessively entangles the government in religion," in part due to the history of the Latin cross and in part due to the size of the cross/memorial in question relative to the size of other memorials within the park.

In a 7-2 ruling, the Supreme Court decided last week that this cross/memorial is not an endorsement of religion and, in fact, is a monument to history. This ruling may have wider implications for other monuments throughout the country.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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