It was a 7-2 decision, with Justices Ruth Bader Ginsburg and Sonia Sotomayor dissenting. They sued in 2014 arguing the cross violated the Establishment Clause and demanded its removal. The 40-foot tall memorial became known as the "Peace Cross." The case—American Legion v. ... and the majority’s suggestion that 95 years have done that to the Bladensburg cross is spurious. 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. Justice Samuel Alito offered the majority opinion.WATCH: Barr Laughs at PA Lawmaker Who Doesn't Even Know What Policy She's Asking Him AboutJudicial Crisis Network's Chief Counsel and Policy Director, Carrie Severino, had a similar reaction.A large cross in Bladensburg, Maryland has been a source of controversy for years as we awaited the Supreme Court's decision on whether the symbol can continue to stand. Bladensburg’s beloved Peace Cross can remain, the Supreme Court ruled Thursday, saying the memorial to soldiers killed in World War I has been consecrated by nearly 100 years of public devotion — and that tearing it down would show unconstitutional “hostility” to religion.In a 7-2 ruling, the court blessed the cross, saying it has earned “special significance” over the years as a war memorial and expression of a community’s grief for its lost sons.He suggested that there should be “a presumption of constitutionality for long-standing monuments” on public grounds.“Just because something is a tradition doesn’t make it right,” said Rachel Laser, the group’s president.“The Religion Clauses of the Constitution aim to foster a society in which people of all beliefs can live together harmoniously, and the presence of the Bladensburg Cross on the land where it has stood for so many years is fully consistent with that aim,” he wrote.It remains to be seen what the effect of the ruling has on hundreds of other cross-style memorials on public lands across the country.The 40-foot Latin cross, which stands on public park land at a major intersection in Prince George’s County outside Washington, had become a test of religious freedom, with those on both sides of the church-state divide wondering what the justices would do.“In the face of today’s decision, we must all pursue new avenues to bolster the First Amendment,” said Roy Speckhardt, the group’s executive director.In their dissent, they said the Peace Cross is impossible to view as anything other than the chief symbol of Christianity and leaving it on public land “elevates” that religion above all others.“The days of illegitimately weaponizing the Establishment Clause and attacking religious symbols in public are over,” said Kelly Shackelford, president of First Liberty, which helped defend the cross on behalf of the American Legion.“This is a big win for our community and this nation,” said Elizabeth M. Hewlett, chairwoman of the commission and the Prince George’s County Planning Board.But the justices were unable to come to any consensus about how to approach hundreds of other religion-themed memorials across the country, leaving them to be fought over one by one.The cross was erected by the American Legion, and the design was chosen to mirror the crosses that stood on the graves of the troops who died during the Great War.
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