In American Legion v. American Humanist Association (2019), justices of the Supreme Court held by a 7 to 2 vote that an "immense Latin cross [that] stands on a traffic island at the center of a busy three-way intersection in Bladensburg, Maryland" did not violate the First Amendment. The memorial, known as the Peace Cross, was erected in 1925. A few weeks after the June 20 decision, the United States Court of Appeals for the Third Circuit rejected a Freedom from Religion Foundation challenge to a seal featuring a Latin cross that was adopted by Lehigh County, Pennsylvania in 1944.
Those who would remove religion from the public square have suggested that these monuments are, in the words of Garrett Epps, "Fine Now—If They're Old." Put another way, if a religious symbol, image, or inscription on public property has been there for a long time, it is constitutional; if was adopted recently, it is not. Such an approach may be reasonably attributed to Justice Stephen Breyer, who stated in the Peace Cross oral arguments that: "History counts. And so, yes, okay, but no more." His concurring opinion in the case, which was joined by Justice Elena Kagan, suggests that this may well be the position of both justices.
Read Full Article »