Last Term Major Supreme Court Decisions: #2 Church & State
With June came the last opinion days of the October 2018 Supreme Court term. Over the month, the Court publicly announced the remaining decisions on cases that had been fully briefed and argued during the term. As often happens, in those final days, the Court releases opinions in many of the most contentious, most closely watched cases and this year was no exception. The three cases addressed: Gerrymandering of Congressional districts, Separation of Church and State, and Citizenship Question on 2020 Census.
Because of the fundamental questions raised in each case, the CSES Editors determined only one will be discussed in each of the next three issues: 7/24 Gerrymandering, 8/06 Church and State, and 8/20 Census Question. Earlier CSES issues have dealt with aspects of these topics: Gerrymandering, Church and State , Census Question .
The American Legion v American Humanist Association . Through a variety of different opinions but by a 7-2 vote, the Court allowed the Bladensburg Peace Cross to remain where it is despite its religious significance. Since 1925, this forty-foot-high cross has stood as a tribute to 49 area soldiers who gave their lives in the First World War, today on public land in the middle of a busy traffic circle in Bladensburg, Maryland.
Writing the principal opinion for the Court’s majority, Justice Alito found that after the First World War, the picture of row after row of plain white crosses marking the overseas graves of soldiers who had lost their lives in that horrible conflict was emblazoned on the minds of Americans at home, and the adoption of the cross as the Bladensburg memorial must be viewed in that historical context. “The cross is undoubtedly a Christian symbol, but that fact should not blind us to everything else that the Bladensburg Cross has come to represent.”
For many of these people, in his opinion, “destroying or defacing the Cross that has stood undisturbed for nearly a century would not be neutral” and would not further the ideals of respect and tolerance embodied in the First Amendment.
Justice Ginsburg, joined by Justice Sotomayor, begins her dissent by asserting that decades ago, the Court recognized that the Establishment Clause of the First Amendment to the Constitution demands governmental neutrality among religious faiths, and between religion and non-religion.
In her opinion, the Latin cross is the foremost symbol of the Christian faith and “using the cross as a war memorial does not transform it into a secular symbol.” The maintenance of the Peace Cross on a public highway “elevates Christianity over other faiths, and religion over non-religion.”
Given the history of this cross and the time it has stood, clearly a strong majority of the Court was unwilling to order its removal or modification. However, it seems equally clear that at least some of the Justices in that majority would confine the result strictly to its particular history and setting.
Common Sense for the Eastern Shore




