American Legion v. American Humanist Association
The Supreme Court reversed the Fourth Circuit's ruling in a 7–2 decision, determining that since the Cross had stood for decades without controversy, it did not violate the Establishment Clause and could remain standing.[1] The 40 feet (12 m)-tall Peace Cross was constructed in Bladensburg, Maryland by the American Legion with private funding in 1925 to honor the local servicemen that died during World War I.A formal lawsuit was filed by the American Humanist Association, an atheist advocacy group, that argued that the Peace Cross violated the Establishment Clause of the Constitution.[5] Gregory, who dissented again, feared that the ruling could affect thousands of cross-shaped memorials on public lands even though they were built under similar secular purposes as the Peace Cross.[5] Both the Planning Commission and the American Legion petitioned for writs of certiorari from the Supreme Court, asking it to review the Fourth Circuit's decision.[10] The issue of cross-shaped memorials on public lands had been previously heard in Salazar v. Buono in 2010; while the 5–4 majority ruled that the cross could stay, the rationale was heavily divided by the justices, with a total of six different opinions submitted as part of the case.However, how to qualify this under past case law was left as a question, and that if new memorials carrying the cross shape were installed today, they may not be acceptable under the Establishment Clause.[16]: 265 Likewise, the Court credited the planning commission's argument that the modern effects of the cross include historic preservation and improved traffic safety.Breyer quoted his earlier opinion in Van Orden v. Perry (2005) to explain where here, again, a longstanding monument does not pose a real threat to secular tolerance.[16]: 265 Breyer, however, rejected arguments advanced by Justices Kavanaugh and Gorsuch that history and tradition create license to erect new monuments in the old style.
Supreme Court of the United StatesL. Ed. 2dF. Supp. 3dD. Md.4th Cir.en bancJohn RobertsClarence ThomasRuth Bader GinsburgStephen BreyerSamuel AlitoSonia SotomayorElena KaganNeil GorsuchBrett KavanaughUnited States Supreme Courtseparation of church and statePeace CrossWorld War I memorialLatin crossThe American LegionMaryland-National Capital Park and Planning CommissionFourth CircuitBladensburg, MarylandAmerican LegionWorld War IMemorial DayVeterans DayAmerican Humanist AssociationatheistEstablishment ClauseDeborah ChasanowUnited States District Court for the District of MarylandUnited States Court of Appeals for the Fourth CircuitStephanie ThackerJames A. Wynn Jr.Roger Gregorythe symbol of the crossPaul V. NiemeyerJ. Harvie Wilkinson IIIcertiorariTrump AdministrationSalazar v. Buonooral argumentsNeal KatyalJeffery WallpluralityLemon v. KurtzmanIn Flanders FieldsArmy Distinguished Service CrossNavy Crossplurality opinionTown of Greece v. GallowayVan Orden v. Perryincorporatedstanding to sueCase or Controversy ClauseSpirit of the American DoughboyNational Jewish Welfare BoardTomb of the Unknown SoldierPBS NewsHourReutersHarv. L. Rev.The New York TimesThe EconomistAP NewsMichael W. McConnellCato Sup. Ct. Rev.Fussell, PaulThe Great War and Modern MemoryOxford University PressSmithsonian Institution PressThe Washington PostNew York University PressCongressional Research ServiceSCOTUSblogU.S. Supreme CourtFirst Amendment to the United States ConstitutionMarsh v. ChambersLynch v. DonnellyBoard of Trustees of Scarsdale v. McCrearyCounty of Allegheny v. American Civil Liberties UnionMcCreary County v. American Civil Liberties UnionPleasant Grove City v. SummumWalz v. Tax Comm'n of the City of New YorkBob Jones University v. United StatesEstate of Thornton v. Caldor, Inc.Corp. of Presiding Bishop v. AmosTexas Monthly, Inc. v. BullockCity of Boerne v. FloresCutter v. WilkinsonEverson v. Board of EducationFlast v. CohenTilton v. RichardsonCommittee for Public Education v. NyquistValley Forge Christian College v. Americans United for Separation of Church & StateMueller v. AllenAguilar v. FeltonWitters v. Washington Department of Services for the BlindZobrest v. Catalina Foothills School DistrictBoard of Ed. of Kiryas Joel Village School Dist. v. GrumetAgostini v. FeltonMitchell v. HelmsZelman v. Simmons-HarrisLocke v. DaveyArizona Christian Sch. Tuition Org. v. WinnTrinity Lutheran Church v. ComerEspinoza v. Montana Department of RevenueCarson v. MakinOklahoma Statewide Charter School Board v. DrummondMcCollum v. Board of EducationZorach v. ClausonEngel v. VitaleAbington School District v. SchemppEpperson v. ArkansasStone v. GrahamWallace v. JaffreeEdwards v. AguillardWestside Community Board of Ed. v. MergensLee v. WeismanSanta Fe Ind. School Dist. v. DoeElk Grove Unif. School Dist. v. NewdowKennedy v. Bremerton School Dist.Lamb's Chapel v. Center Moriches Union Free School Dist.Capitol Square Review & Advisory Board v. PinetteRosenberger v. Univ. of Virginia