Case No. 17-1717, 4th Cir.
Preview by Michelle Divelbiss, Online Editor
Is the shape of a cross unconstitutional? The “Peace Cross” is a Celtic-style Latin cross that serves as a memorial to veterans at the Bladensburg World War I Veterans Memorial in Maryland. The cross at issue, standing since 1925, was established by private citizens to honor soldiers who lost their lives during World War I; crosses have been a symbol of fallen soldiers throughout many wars. In 1961, Petitioner, The American Legion, conveyed the cross and the land on which it sits to the Maryland-National Capital Park and Planning Commission (“Commission”). Two cases have been consolidated and the Commission is also a petitioner. The land was conveyed to the public Commission because it was in the middle of a traffic roundabout and it was not feasible for a private organization to continue the upkeep.
Respondent, the American Humanist Association (“Association”) alleged that the cross’s presence on public land violated the Establishment Clause. Although the District Court found the memorial to be constitutional, the Fourth Circuit reversed and found that the cross has “‘inherent religious meaning’ that ‘easily overwhelm[ed]’ the government’s secular purposes . . . [and therefore] ‘endors[es]’ Christianity.” Brief for The American Legion Petitioners at 11, Am. Legion v. Am. Humanist Ass’n, No. 17-1717 (U.S. filed Dec. 17, 2018).
It is unclear whether the Supreme Court will undertake review based on the “coercive test” or the “endorsement test.” Petitioners claim that the cross does not “coerce religious belief, practice, or financial support” and is therefore not in violation of the Establishment Clause. Id. at 15. Petitioners also claim that the cross does not endorse religion because it is only a commemorative memorial. Additionally, the Court will address whether the Commission’s upkeep of the memorial is considered “excessive entanglement with religion” and therefore violative of the First Amendment. Id. at i. With more than fifty amicus briefs submitted in the consolidated cases, this case is being closely watched by both religious and secular organizations.