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Contact: Sam Gerard, sgerard@americanhumanist.org, 202-238-9088×105 (Washington, DC, June 30, 2020) – Leaders at the American Humanist Association (AHA) lambasted today’s 5-to-4 Supreme Court ruling in Espinoza v.Montana Department of Revenue favoring the further use of public funds for sectarian purposes. Today, the Court explains that the plaintiffs are not entitled to demand the destruction of longstanding monuments, and I find much of its opinion compelling.
17–1717. Maybe others still who are equally affected but who come into contact with the memorial too infrequently lack standing as well. Even if the Clause expresses an individual right enforceable against the States, it is limited by its text to “law[s]” enacted by a legislature, so it is unclear whether the Bladensburg Cross would implicate any incorporated right. Excluding those symbols could make the memorial seem incomplete. The text and history of this Clause suggest that it should not be incorporated against the States. 891.Since 1925, the Bladensburg Peace Cross (Cross) has stood as a tribute to 49 area soldiers who gave their lives in the First World War.

For Immediate Release. Argued February 27, 2019—Decided June 20, 2019. For some, that monument is a symbolic resting place for ancestors who never returned home. It has thus become part of the community. Contacting Justia or any attorney through this site, via web form, email, or otherwise, does not create an attorney-client relationship.NOTICE: This opinion is subject to formal revision before publication in the preliminary print of the United States Reports. Readers are requested to notify the Reporter of Decisions, Supreme Court of the United States, Washington, D. C. 20543, of any typographical or other formal errors, in order that corrections may be made before the preliminary print goes to press.Alito, J., announced the judgment of the Court and delivered the opinion of the Court with respect to Parts I, II–B, II–C, III, and IV, in which Roberts, C. J., and Breyer, Kagan, and Kavanaugh, JJ., joined, and an opinion with respect to Parts II–A and II–D, in which Roberts, C. J., and Breyer and Kavanaugh, JJ., joined. The Commission has used public funds to maintain the monument ever since. et al. That the cross originated as a Christian symbol and retains that meaning in many contexts does not change the fact that the symbol took on an added secular meaning when used in World War I memorials. 2 AMERICAN LEGION v. AMERICAN HUMANIST ASSN. 1. For others still, it is a historical landmark.

In 1918, residents of Prince George’s County, Maryland, formed a committee for the purpose of erecting a memorial for the county’s soldiers who fell in World War I. (d) The fact that the cross is undoubtedly a Christian symbol should not blind one to everything else that the Bladensburg Cross has come to represent: a symbolic resting place for ancestors who never returned home, a place for the community to gather and honor all veterans and their sacrifices for this Nation, and a historical landmark. It would not serve that role had its design deliberately disrespected area soldiers, but there is no evidence that the names of any area Jewish soldiers were either intentionally left off the memorial’s list or included against the wishes of their families. The AHA is not offended by the sight of the Argonne Cross or the Canadian Cross of Sacrifice, both Latin crosses commemorating World War I that rest on public grounds in Arlington National Cemetery. 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. June 30, 2020 Press Releases. For all these reasons, the Cross does not offend the Constitution.Justice Gorsuch, with whom Justice Thomas joins, concurring in the judgment.Plaque of the World War II Memorial. Eventually, the remains of 46,000 soldiers were repatriated, and those of 30,000 soldiers were laid to rest in Europe. Much the same is true about monuments to soldiers who sacrificed their lives for this country more than a century ago.Nos. 48–49. Thomas, J., filed an opinion concurring in the judgment. The Cross has also acquired historical importance with the passage of time, reminding the townspeople of the deeds and sacrifices of their predecessors as it stands among memorials to veterans of later wars. At the dedication ceremony, a Catholic priest offered an invocation and a Baptist pastor offered a benediction.THE Conventions of a number of the States, having at the time of their adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added: And as extending the ground of public confidence in the Government, will best ensure the beneficent ends of its institution.Prior results do not guarantee a similar outcome.