Likewise, the Association argues that the Peace Cross’s lack of controversy is immaterial because religious minorities have many reasons to “not want to be the face of a challenge to a popular Christian monument.”Does the government-funded display and maintenance of a 40-foot-tall cross-shaped World War I memorial placed at a public highway intersection violate the Establishment Clause of the First Amendment because of its relation to Christianity?The Association additionally asserts that the Peace Cross would violate the Establishment Clause even if the Court uses the coercion standard because the Peace Cross is extraordinary, standing 40-feet tall and displayed year-round.
On the other hand, Respondent American Humanist Association asserts that that the Supreme Court’s existing Establishment Clause jurisprudence already relies on a clear standard—the Lemon endorsement test—and maintains that the memorial is unconstitutional under that test. First, the Commission contends that if the purpose and objective of a government display are secular when considering the display’s full context—not just the display’s religious context—the display does not violate the Clause. In other words, because compelling nonadherents to participate in a particular religion would prevent them from being able to choose their own religion—the right protected by the Free Exercise Clause—the Association argues that the Establishment Clause standard logically must be something other than coercion.Additionally, the Association submits that the Peace Cross’s donors’ intended to model the memorial after the biblical Cross of Calvary, suggesting its religious purpose. The Commission lastly asserts that its upkeep of the Peace Cross does not excessively entangle government with religion because excessive entanglement requires a continuous, comprehensive surveillance that was lacking here.Here, JWV maintains that the Peace Cross is nationally exclusionary because it broadcasts the message that the United States is a Christian country. The American Humanist Association, whose goal is "to bring about a progressive society where being good without a god is an accepted and respected way to live life," according to its website, and some non-Christian residents of Prince George’s County, Maryland, said that they were offended by the cross. The American Humanist Association and our allies will continue to stand up against these assaults on religious liberty for all.
The monument is supplemented by a small plaque listing the names of 49 fallen World War I veterans and was completed in 1925. The Association also contends that, although there are other monuments around the Peace Cross, the Peace Cross was built in isolation and stood in isolation for much of its existence, and that it is clearly the most prominent monument. Petitioner Maryland–National Capital Park and Planning Commission (the "Commission")—a state entity—acquired ownership of the Peace Cross and its underlying land in 1961.As the Commission argues, its purpose for acquiring the Peace Cross was to assure traffic safety and preserve a historic landmark honoring World War I soldiers.
JWV contends that war memorials containing Christian symbolism are incapable of honoring all veterans because such memorials are created to remind the viewer that life after death is only possible through adherence to Christianity. Residents challenged the government’s display of the cross as an establishment of religion.
VIDED. The American Humanist Association is challenging the existence of a 40-foot cross on government-owned land, but the Trump administration hopes a … The American Humanist Association (“AHA”) sued the Commission for violating the Establishment Clause by displaying and maintaining the Cross.
As such, the Association asserts that using the Latin cross not only fails to honor non-Christian veterans but also signals that their sacrifices are less important.The Commission asserts that there are two independently sufficient grounds for finding passive governmental displays of religious constitutional under Establishment Clause. For one, the Commission asserts that when the Latin cross is used in association with World War I, it holds a secular commemorative meaning. It is four stories tall, and bears the inscription “Valor Endurance Courage Devotion” as well as the American Legion’s symbol.
Here, the Commission argues that the Peace Cross is secular in purpose and meaning for several reasons. The Association also maintains that a coercion-only standard itself would render the Establishment Clause redundant because practices that coerce individuals to participate in any religion also violate their Free Exercise Clause rights. At the base of the Memorial Cross is a bronze plaque listing the names of the 49 fallen heroes. Although the Association agrees that coercion is certainly not permissible, it contends that a coercion-only standard is not compatible with history and would violate the touchstone of Establishment Clause jurisprudence: religious neutrality. The 4th U.S. Historically, the Peace Cross has been used predominantly during ceremonies for veterans and today, the Peace Cross is surrounded by a number of monuments in what has become known as “Veterans Memorial Park.” The Peace Cross is the only monument in the park that contains religious symbolism. Tags: Bladensburg Cross Sarah Henry is the founder and president of Henry Consulting, LLC, which offers communications and management consulting to nonprofit organizations across the country. Id.