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WASHINGTON — The Supreme Court seemed ready on Wednesday to allow a 40-foot cross honoring soldiers who died in World War I to remain in place on public land in Maryland.
But the unusually vigorous and at times heated argument over the issue revealed deep divisions among the justices on the more general question of what role religion may play in public life.
A majority of the justices appeared inclined to rule that the particular cross at issue in the case, which is part of a memorial to 49 fallen soldiers from Prince George’s County, did not run afoul of the First Amendment’s ban on government establishment of religion by sending a message of favoritism to Christianity.
Justice Elena Kagan noted that the memorial was 93 years old and was erected at a time when crosses were a common way to honor the fallen in the Great War. She added that other war memorials stood nearby and that the challenged memorial did not feature religious language.
“So why in a case like that can we not say essentially the religious content has been stripped of this monument?” she asked.
Justice Stephen G. Breyer also stressed the memorial’s age. “History counts,” he said. But he suggested that the erection of a similar memorial today would not be acceptable.
Much more at link: Supreme Court Seems Ready to Allow Cross Honoring War Dead
But the unusually vigorous and at times heated argument over the issue revealed deep divisions among the justices on the more general question of what role religion may play in public life.
A majority of the justices appeared inclined to rule that the particular cross at issue in the case, which is part of a memorial to 49 fallen soldiers from Prince George’s County, did not run afoul of the First Amendment’s ban on government establishment of religion by sending a message of favoritism to Christianity.
Justice Elena Kagan noted that the memorial was 93 years old and was erected at a time when crosses were a common way to honor the fallen in the Great War. She added that other war memorials stood nearby and that the challenged memorial did not feature religious language.
“So why in a case like that can we not say essentially the religious content has been stripped of this monument?” she asked.
Justice Stephen G. Breyer also stressed the memorial’s age. “History counts,” he said. But he suggested that the erection of a similar memorial today would not be acceptable.
Much more at link: Supreme Court Seems Ready to Allow Cross Honoring War Dead
