Earlier this month, the American Humanist Association (AHA) announced that the US Supreme Court will hear their case against the Peace Cross in Bladensburg, MD. The 40-foot tall cross is a World War I memorial that the AHA says is an explicitly Christian symbol on public ground, making it not only a church/state separation violation but also a slap in the face to non-Christians who served their country. The AHA’s legal counsel, led by senior counsel Monica Miller, first filed a complaint against the Peace Cross in 2014, and the 4th Circuit U.S. Court of Appeals ruled the cross was unconstitutional. However, according to the AHA, a month later both the government and American Legion separately filed petitions to the SCOTUS to overrule the decision. Now the Supreme Court has to face a case that, as the Freedom From Religion Foundation’s Andrew Seidel recently wrote, “could bring down the wall” separating church and state.
According to Seidel, there are only two possible reasons why the Supreme Court decided to take the case. The first is that conservative justices welcome such a controversial case because, he explains, SCOTUS’ “solid conservative majority is ready to begin checking items off the Federalist Society wish list.” The second is the conservative justices don’t think there’s anything wrong with a cross on government property and doesn’t think the cross is even a Christian symbol. “If this is true,” Seidel writes, “then those conservative justices essentially do not believe that the Constitution guarantees anything like the separation of state and church currently enjoyed by people in the United States. The justices will have bought into the Christian nationalist worldview that helped carry Donald Trump into office and will do untold damage to our republic and the principles for which it stands.”
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